Laurence Yavner as Executor of the v American Optical Corp. et al.

Motion No: M-3829

Slip Opinion No: 2019 NYSlipOp 80257(U)

Decided on September 26, 2019

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

September 26, 2019

Laurence Yavner, as Executor of the

Estate of Stanley J. Yavner and

Phyllis H. Yavner,

Plaintiffs-Respondents,

v

American Optical Corp., et al.,

Defendants,

-and-

Fulton Boiler Works, Inc.,

Defendant-Appellant.

An appeal having been taken from the order of the Supreme Court, New York County, entered on or about July 1, 2019, Now, upon reading and filing the correspondence from the attorney for defendant-appellant dated August 2, 2019, and due deliberation having been had thereon, It is ordered that the appeal is deemed withdrawn in accordance with the aforesaid correspondence. ENTERED: September 26, 2019

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice,David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter,Justices

M-3829

Index No. 190132/17