McCarthy v New York City Off-Track Betting Corp.
Motion No: 2008-01098
Slip Opinion No: 2008 NYSlipOp 92198(U)
Decided on December 16, 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

M80011

L/

STEVEN W. FISHER, J.P.

HOWARD MILLER

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2008-01098

Albert McCarthy, respondent, v New York

City Off-Track Betting Corp., appellant, et al.,

defendants.

(Index No. 26389/02)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 5, 2007.

Upon the stipulation of the attorneys for the respective parties, dated October 13, 2008, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

FISHER, J.P., MILLER, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court