R.J. Alan Company, Inc. v Fusco
Motion No: 2005-06880
Slip Opinion No: 2006 NYSlipOp 65029(U)
Decided on March 14, 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

M37149

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06880

R.J. Alan Company, Inc., respondent, v

Nicholas Fusco, et al., appellants, et al.,

defendants.

(Index No. 4355/02)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 23, 2005.

Upon the stipulation of the attorneys for the respective parties, dated February 21, 2006, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

PRUDENTI, PJ., FLORIO, MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court