Davis v Elderts Management Corp.
Motion No: 2006-03610
Slip Opinion No: 2007 NYSlipOp 69838(U)
Decided on May 21, 2007
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

M54920

L/

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2006-03610

Neville Davis, et al., plaintiffs-respondents-

appellants, v Elderts Management Corp.,

defendant-respondent-appellant, Clove One

Corp., appellant-respondent

(and a third-party action).

(Index No. 1430/04)

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

Application to withdraw an appeal and cross appeals from an order of the Supreme Court, Kings County, dated March 17, 2006.

Upon the stipulation of the attorneys for the respective parties, dated May 2, 2007, it is

ORDERED that the application is granted and the appeal and cross appeals are deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the stay granted by decision and order on motion dated November 24, 2006, is vacated forthwith.

PRUDENTI, P.J., MILLER, SCHMIDT, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court