Mizrahi v Mizrahi
Motion No: 2008-03507
Slip Opinion No: 2008 NYSlipOp 91222(U)
Decided on December 5, 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

M79473

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2008-03507

Jennifer Mizrahi, respondent,

v Aaron Mizrahi, appellant.

(Index No. 202601/05)

DECISION & ORDER ON MOTION

Appeal by Aaron Mizrahi from a judgment of the Supreme Court, Nassau County, dated March 10, 2008. By order to show cause dated November 17, 2008, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant stipulated to withdraw the appeal in a stipulation dated October 28, 2008.

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that the appellant stipulated to withdraw the appeal in a stipulation dated October 28, 2008.

RIVERA, J.P., DILLON, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court