People ex rel. Kornberg, o/b/o Furino v Warden of Nassau Co
Motion No: 2008-11056
Slip Opinion No: 2009 NYSlipOp 62609(U)
Decided on February 2, 2009
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

M81986

L/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2008-11056

The People, etc., ex rel. Marvin Kornberg,

o/b/o Furino, respondent, v Warden of Nassau

County Correctional Facility, appellant.

(Ind. No. 2400/08)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 5, 2008.

Upon the stipulation of the attorneys for the respective parties, dated January 27, 2009, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the stay granted by decision and order on motion of this court dated December 17, 2008, is vacated forthwith.

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

ENTER:

James Edward Pelzer

Clerk of the Court