Leary v Bufftech
Motion No: 2008-03118
Slip Opinion No: 2009 NYSlipOp 69671(U)
Decided on April 15, 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

M85294

L/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2008-03118

Brian Leary, plaintiff-respondent, v Bufftech,

et al., defendants, Brooklyn Fence Distributors,

Inc., defendant second-third-party plaintiff-

appellant; John Kenny, et al., second-third-party

defendants-respondents

(and another third-party action).

(Index No. 35765/04)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 26, 2008.

Upon the stipulation of the attorneys for the respective parties, dated March 31, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.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