King Kullen Grocery Co., Inc. v Village Greens Shopping
Motion No: 2009-09000
Slip Opinion No: 2010 NY Slip Op 65549(U)
Decided on March 15, 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

M99727

L/

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2009-09000

King Kullen Grocery Co., Inc., appellant,

v Village Greens Shopping Center, Inc.,

respondent.

(Index No. 104749/08)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Richmond County, dated June 30, 2009.

Upon the stipulation of the attorneys for the respective parties, dated February 5, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 dated October 29, 2009, is vacated forthwith.

MASTRO, J.P., DICKERSON, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court