Wade v Atlantic Cooling Tower Services, Inc.
Motion No: 2007-11688
Slip Opinion No: 2008 NYSlipOp 64756(U)
Decided on February 26, 2008
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

M66853

S/sl

2007-11688

Francis Wade, respondent,

v Atlantic Cooling Tower Services, Inc.,

defendant, 58/59 Acquisition Co., LP., appellant.

(Index No. 17133/05)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

ORDERED that the order on application dated January 31, 2008, in the above-entitled action is recalled and vacated and the following order on application is substituted therefor:

Appeal from an order of the Supreme Court, Queens County, dated November 16, 2007.

Upon the stipulation of the parties, dated December 14, 2007, it is

ORDERED that the appeal from so much of the order as granted summary to the defendant Atlantic Cooling Tower Services, Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court