Geraci v Fit Kids, Inc., d/b/a Saf-T Swim

Geraci v Fit Kids, Inc., d/b/a Saf-T Swim

Motion No: 2007-09070

Slip Opinion No: 2008 NYSlipOp 86834(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

M77444

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2007-09070
Karen Geraci, et al., appellants,
v Fit Kids, Inc., d/b/a Saf-T-Swim,
et al., respondent.
(Index No. 30229-05)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 6, 2007.

Upon the stipulation of the attorneys for the respective parties, dated October 16, 2008, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

SPOLZINO, J.P., FLORIO, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court