Velez v Fifth Avenue Jewelers Exchange
Motion No: 2009-00113
Slip Opinion No: 2009 NY Slip Op 88640(U)
Decided on November 16, 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

M94528

L/

2009-00113

Juan Velez, et al., plaintiffs, v Fifth Avenue

Jewelers Exchange, et al., defendants third-

party plaintiffs-appellants; LVI Services, Inc.,

third-party defendant-respondent.

(Index No. 39/06)

ORDER ON APPLICATION

ORDERED that the order on application of this court dated July 15, 2009, which granted an application to withdraw the appeal from an order of the Supreme Court, Queens County, dated November 19, 2009, insofar as asserted against the third-party defendant LVI Services, Inc., is recalled and vacated and the following is substituted therefor:

Appeal from an order of the Supreme Court, Queens County, dated November 19, 2008.

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

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court