DeSimone v Jewish Community Center of Upper West
Motion No: 2005-04859
Slip Opinion No: 2006 NYSlipOp 61015(U)
Decided on January 24, 2006
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35203

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-04859

Andrew DeSimone, plaintiff, v Jewish

Community Center of the Upper West Side, Inc.,

defendant-appellant, AMEC, a/k/a Morse Diesel

International, Inc., defendant third-party plaintiff-

appellant; Cox Mechanical Contracting, Inc.,

et al., third-party defendants-respondents.

(Index No. 31584/01)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw appeals from an order of the Supreme Court, Kings County, dated May 4, 2005.

Upon the stipulation of the attorneys for the respective parties, it is

ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court