Elizabeth Higgins as Executrix of v Evelyn H. Horn M.D. et al.

Motion No: M-1499

Slip Opinion No: 2020 NYSlipOp 68062(U)

Decided on July 2, 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.

July 2, 2020

Elizabeth Higgins, as Executrix of

the Estate of Thomas M. Higgins, deceased

and Elizabeth Higgins, Individually.

Plaintiffs-Appellants,

v

Evelyn H. Horn, M.D. et al.,

Defendants-Respondents.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about October 28, 2019,Now, upon reading and filing the correspondence from counsel for plaintiffs-appellants dated March 5, 2020, and due deliberation having been had thereon, It is ordered that the appeal is deemed withdrawn in accordance with the aforesaid correspondence.ENTERED: July 2, 2020

_____________________ CLERK

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

M-1499

Index No. 805319/13