Choinsky v Wolcott Builders, Inc.

Choinsky v Wolcott Builders, Inc.

Motion No: 2005-10517

Slip Opinion No: 2006 NYSlipOp 76163(U)

Decided on September 20, 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

M44735

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-10517

Keith Choinsky, appellant-respondent,
v Wolcott Builders, Inc., defendant third-party
plaintiff respondent-appellant; Ricalangelo, Inc.,
third-party defendant-respondent.
(Index No. 124/04)

DECISION & ORDER ON APPLICATION
Withdraw Appeal & Cross Appeal on Stipulation

Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Dutchess County, dated October 3, 2005.

Upon the stipulation of the attorneys for the respective parties, dated June 27, 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ORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.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