Kaplan v New York Mercantile Exch.

Motion No: M-2047

Slip Opinion No: 2008 NYSlipOp 70808(U)

Decided on May 1, 2008

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.

May 1, 2008

Kaplan v New York Mercantile Exchange

Appeal, previously perfected for the September 2008 Term, withdrawn.

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

Motion No. M-2047