Barbarino v Stop & Shop Supermarket Company
Motion No: 2007-11807
Slip Opinion No: 2008 NYSlipOp 86820(U)
Decided on October 21, 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

M77440

L/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2007-11807

Thomas Barbarino, et al., respondents-appellants,

v Stop & Shop Supermarket Company, et al.,

appellants-respondents.

(Index No. 101317/06)

DECISION & ORDER ON APPLICATION
Withdraw Appeal & Cross Appeal on Stipulation

Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Kings County, dated December 3, 2007.

Upon the stipulation of the attorneys for the respective parties, dated September 4, 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ORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.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