Dr. James Fosshage Mark Fosshage v Mitta Water Holdings LLC et al.

Motion No: M-2265

Slip Opinion No: 2020 NYSlipOp 71007(U)

Decided on September 3, 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.

September 3, 2020

Dr. James Fosshage, Mark Fosshage,

derivatively and on behalf of World

Water Works Holdings, Inc.,

Plaintiffs-Appellants,

v

Mitta Water Holdings, LLC, et al.,

Defendants-Respondents.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about February 4, 2020,Now, upon reading and filing the correspondence of counsel for plaintiffs-appellants dated July 9, 2020 and due deliberation having been had thereon, It is ordered that the appeal (Case No. 2020-01967) is deemed withdrawn in accordance with the aforesaid correspondence. ENTERED: September 3, 2020

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice,David Friedman Dianne T. Renwick Sallie Manzanet-Daniels Judith J. Gische, Justices

M-2265

Index No. 652881/18