Aymelek v 40 Wall Limited Partnership
Motion No: 2008-00357
Slip Opinion No: 2008 NYSlipOp 82968(U)
Decided on September 15, 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

M75676

L/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2008-00357

Anthony Aymelek, respondent, v 40 Wall

Limited Partnership, et al., respondents-

appellants, Mangia Wall, appellant-respondent

(and a third-party action).

(Index No. 6536/05)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Kings County, dated December 11, 2007.

Upon the stipulation of the attorneys for the respective parties, dated May 28, 2008, it is

ORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court