Martinelli v 65th Development, LLC
Motion No: 2007-01117
Slip Opinion No: 2007 NYSlipOp 85743(U)
Decided on December 10, 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

M63522

L/

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2007-01117

Peter Martinelli, plaintiff-respondent,

v 65th Development, LLC, et al., defendants-

respondents, B. Warranty Home Construction,

Inc., appellant.

(Index No. 20586/04)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 15, 2006.

Upon the stipulation of the attorneys for the respective parties, dated September 10, 2007, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court