Febbraro v City of New York
Motion No: 2004-10203
Slip Opinion No: 2006 NYSlipOp 63088(U)
Decided on February 22, 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

M36256

L/

ROBERT W. SCHMIDT, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2004-10203

Severina Febbraro, plaintiff-respondent, v

City of New York, defendant-respondent,

Better Choice Development, LLC, defendant

third-party plaintiff-appellant; Pullini Water

Main & Sewer Contractors, Inc., third-party

defendant-appellant.

(Index No. 5538/01)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw appeals from an order of the Supreme Court, Kings County, dated August 11, 2004.

Upon the stipulation of the attorneys for the respective parties, dated February 2, 2006, it is

ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the stay granted by decision and order on motion of this court dated February 16, 2005, is vacated forthwith.

SCHMIDT, J.P., KRAUSMAN, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court