Durham v Clement
Motion No: 2004-09279
Slip Opinion No: 2006 NYSlipOp 72617(U)
Decided on July 25, 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

M42542

L/

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2004-09279

Jason Durham, plaintiff-respondent,

v Glen Clement, defendant-respondent,

John Ferderico, et al., appellants.

(Index No. 30025/01)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 28, 2004.

Upon the stipulation of the attorneys for the respective parties, dated December 19, 2005, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court