Mazzarella v Everest Development Group, Inc.

Mazzarella v Everest Development Group, Inc.

Motion No: 2006-01136

Slip Opinion No: 2006 NYSlipOp 81252(U)

Decided on December 5, 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

M47813

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2006-01136

Raymond Mazzarella, plaintiff-respondent,
v Everest Development Group, Inc., et al.,
appellants, B & R Harry Construction, Inc.,
defendant-respondent.
(Index No. 3722/03)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw appeals from an order of the Supreme Court, Queens County, dated December 19, 2005.

Upon the stipulation of the attorneys for the respective parties, dated October 26, 2006, it is

ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.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