Gioglio v Mirabile
Motion No: 2005-09366
Slip Opinion No: 2009 NY Slip Op 75842(U)
Decided on June 23, 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

M88528

L/

A. GAIL PRUDENTI, P.J.

MARK C. DILLON

HOWARD MILLER

JOSEPH COVELLO, JJ.

2005-09366

Richard B. Gioglio, as preliminary executor

of the estate of Rose S. Mirabile, respondent,

v Charles Mirabile, as executor of the estate

of Dominick Mirabile, appellant, et al.,

defendants.

(Index No. 1264/05)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 10, 2005.

Upon the stipulation of the attorneys for the respective parties, dated June 3, 2009, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., DILLON, MILLER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court