RI, Inc., d/b/a Seating Solutions v Baseball Heaven, LLC

RI, Inc., d/b/a Seating Solutions v Baseball Heaven, LLC

Motion No: 2005-08490

Slip Opinion No: 2007 NYSlipOp 73971(U)

Decided on July 19, 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

M57396

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2005-08490

RI, Inc., d/b/a Seating Solutions, respondent,
v Baseball Heaven, LLC, et al., appellants.
(Index No. 27278/04)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 1, 2005,

Upon the stipulation of the attorneys for the respective parties, dated April 5, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 stay granted by decision and order on motion dated September 28, 2005, is vacated forthwith.

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

ENTER:

James Edward Pelzer

Clerk of the Court