Mack v City of New York
Motion No: 2005-09059
Slip Opinion No: 2006 NYSlipOp 73899(U)
Decided on August 16, 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

M43443

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-09059

Patricia Mack, plaintiff-respondent, v City

of New York, defendant, New York City

Housing Authority, appellant, Katz Building

& Construction Company, et al., defendants-

respondents.

(Index No. 41939/97)

DECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 29, 2005.

Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the stay granted by decision and order on motion dated June 30, 2006, is vacated forthwith.

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

ENTER:

James Edward Pelzer

Clerk of the Court