Kaygreen Realty Co., LLC v IG Second Generation Partner
Motion No: 2009-04471
Slip Opinion No: 2010 NY Slip Op 67084(U)
Decided on March 31, 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

M100608

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2009-04471

Kaygreen Realty Co., LLC, respondent,

v IG Second Generation Partners, L.P.,

et al., appellants.

(Index No. 10073/08)

DECISION & ORDER ON MOTION

Motion by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 17, 2009. Application by the respondent for an award of costs and an attorney's fee.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is

ORDERED that the motion is granted and the appeal is deemed withdrawn, with costs to the respondent; and it is further,

ORDERED that the application is granted to the extent indicated above and is otherwise denied.

RIVERA, J.P., DILLON, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court