Faulkner v Day & Night Refrigeration
Motion No: 2008-09338
Slip Opinion No: 2009 NYSlipOp 66042(U)
Decided on March 10, 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

M83489

L/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2008-09338

Brenda Faulkner, et al., respondents,

v Day & Night Refrigeration, et al., defendants,

Target Corporation, appellant.

(Index No. 41130/04)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 3, 2008.

Upon the stipulation of the attorneys for the respective parties, dated February 24, 2009, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court