Opinion
Motion No: 2010-12088 Index No. 10688/10 M124207
08-08-2011
Nissim Cohen, et al., respondents, v. Izhak Surizon, defendant, DL Hart Co., Inc., appellant.
ORDER ON APPLICATION
Application to Withdraw Appeal
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 3, 2010.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, so much of the decision and order on motion of this Court, dated July 29, 2011, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - July 2011 Calendar," as dismissed the appeal from the order of the Supreme Court, Nassau County, dated November 3, 2010, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the appeal, is recalled and vacated; and it is further,
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
Matthew G. Kiernan
Clerk of the Court