Matter of Nisvis v Brennan
Motion No: 2009-05054
Slip Opinion No: 2009 NY Slip Op 76520(U)
Decided on June 26, 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

M88677

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2009-05054

In the Matter of Alberto Nisvis, petitioner,

v Michael J. Brennan, etc., et al., respondents.

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondents from enforcing a resentence of the Supreme Court, Kings County, imposed January 30, 2009, in an action entitled People v Nisvis, pending under Indictment No. 2003/03.

Upon the stipulation of the parties dated June 23, 2009, it is

ORDERED that the proceeding is deemed withdrawn, without costs or disbursements.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