Wheeler v Carnor Properties Company
Motion No: 2005-05104
Slip Opinion No: 2006 NYSlipOp 65614(U)
Decided on March 27, 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

M37719

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05104

Donald Wheeler, plaintiff-respondent,

v Carnor Properties Company, et al., defendants

third-party plaintiffs appellants-respondents,

CCC Paving Corp., defendant-respondent;

T.V. Stereo Service Center, Inc., third-party

defendant respondent-appellant.

(Index No. 17839/03)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated May 2, 2005.

Upon the stipulation of the attorneys for the respective parties, dated February 17, 2006, it is

ORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court