Appellate Division: Second Judicial Department

M48919

E/sl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

DAVID S. RITTER

MARK C. DILLON, JJ.

2006-04001 Crossroads Transportation Service, Inc., respondent, v All Phase Logistics, Inc., appellant (and a third-party action). (Index No. 11511/01)

DECISION & ORDER ON MOTION

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated January 3, 2005, and motion by the respondent on said appeal to release the sum of $23,744.67, which was posted pursuant to CPLR 5519 and 2502 as an undertaking on the appeal.

Upon the papers filed in support of the application and the motion, and upon the stipulation of the parties dated December 19, 2006, 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 motion is granted, and pursuant to the stipulation dated December 19, 2006, the County Clerk of Nassau County is directed to (1) release to Arnold L. Kert, PLLC, as attorney for the respondent, the sum of $23,744.67, together with all accrued interest thereon, less any appropriate and statutory fees due to the County Clerk, which sum was posted pursuant to the undertaking of the appellant on April 24, 2006, and (2) release and discharge that undertaking of record.

MILLER, J.P., SPOLZINO, RITTER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court