Tesser v Allboro Equipment Company
Motion No: 2005-08775
Slip Opinion No: 2006 NYSlipOp 75156(U)
Decided on September 11, 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

M44260

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-08775

Edward Tesser, plaintiff appellant-respondent,

v Allboro Equipment Company, et al., respondents-

appellants, Linda Tesser, defendant appellant-

respondent.

(Index No. 5897/01)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal and cross appeals from an order of the Supreme Court, Queens County, dated August 9, 2005.

Upon the stipulation of the attorneys for the respective parties, dated August 24, 2006, it is

ORDERED that the application is granted and the appeal and cross appeals are deemed withdrawn, without costs or disbursements.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