Opinion
03-CV-6250L.
May 10, 2007
DECISION AND ORDER
On April 9, 2007, defendants in this action filed a motion for summary judgment. By letter to the Court dated May 8, 2007, counsel for defendants states that he seeks to withdraw that motion based on controlling Second Circuit precedent.
Defendants' application is granted. Defendants' motion for summary judgment (Dkt. #39) is deemed withdrawn and denied.
IT IS SO ORDERED.