Mastellone v Toys R Us, Inc.
Motion No: 2009-05881
Slip Opinion No: 2010 NY Slip Op 62523(U)
Decided on February 3, 2010
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

M98139

L/

MARK C. DILLON, J.P.

HOWARD MILLER

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2009-05881

Angela Mastellone, respondent,

v Toys R Us, Inc., appellant.

(Index No. 26686/07)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 22, 2009.

Upon the stipulation of the attorneys for the respective parties, dated January 20, 2010, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the stay granted by decision and order on motion of this court dated November 9, 2009, is vacated forthwith.

DILLON, J.P., MILLER, ENG and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court