CHVP Founders Fund I, L.P., formerly known as CHVP Founders Exch. Fund, L.P. v Arbinet-Thexchange, Inc.

Motion No: M-2679X

Slip Opinion No: 2007 NYSlipOp 71026(U)

Decided on June 7, 2007

Appellate Division, First 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.

June 7, 2007

CHVP Founders Fund I, L.P., formerly known as CHVP Founders Exchange Fund, L.P. v Arbinet-Thexchange, Inc.

(And a third-party action) Appeal withdrawn.

Before: Tom, J.P., Mazzarelli, Andrias, Saxe, Friedman, JJ.

Motion No. M-2679X