Bat-Jac Construction, Inc. v Ayelet Hashachar Tapeinu Ele
Motion No: 2008-08091
Slip Opinion No: 2009 NY Slip Op 85233(U)
Decided on October 7, 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

M92862

L/

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2008-08091

Bat-Jac Construction, Inc., plaintiff,

Fidelity & Deposit Company of Maryland, etc.,

appellant-respondent, v Ayelet Hashachar Tapeinu

Elementary School, etc., et al., respondents,

Sh'or Yoshuv Institute, etc., respondent-appellant,

et al., defendants.

(Index No. 11171/00)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Queens County, dated July 15, 2008.

Upon the stipulation of the attorneys for the respective parties, dated September 11, 2009, it is

ORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court