In the Matter of the Application by Express Scripts

Motion No: M-119

Slip Opinion No: 2020 NYSlipOp 62476(U)

Decided on February 6, 2020

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.

February 6, 2020

In the Matter of the Application by

Express Scripts, Inc.,

Petitioner-Appellant,

For a Judgment Pursuant to Article 78of the CPLR,

v

Metropolitan Transit Authority,

et al.,

Respondents-Respondents.

An appeal having been taken from the orders of the Supreme Court, New York County, entered on or about May 7, 2019, and May 30, 2019, Now, upon reading and filing the correspondence from counsel for petitioner-appellant dated December 20, 2019, and due deliberation having been had thereon,It is ordered that the appeal is deemed withdrawn in accordance with the aforesaid correspondence. ENTERED: February 6, 2020

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice,David Friedman Dianne T. Renwick Rosalyn H. Richter, Sallie Manzanet-Daniels,Justices

M-119

Index No. 154379/19