Matter of Kmart Corporation v County of Westchester
Motion No: 2009-01470
Slip Opinion No: 2010 NY Slip Op 71585(U)
Decided on May 14, 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

M102851

L/

STEVEN W. FISHER, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2009-01470

In the Matter of Kmart Corporation, petitioner-

appellant, v County of Westchester, et al.,

respondents.

(Index No. 08-9937)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 13, 2009.

Upon the stipulation of the attorneys for the respective parties, dated April 22, 2010, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

FISHER, J.P., BALKIN, ROMAN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court