Temperino v DRA, Inc.
Motion No: 2009-00881
Slip Opinion No: 2010 NY Slip Op 73764(U)
Decided on June 9, 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

M101871

L/

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT, JJ.

2009-00881

Dario Temperino, plaintiff-respondent,

v DRA, Inc., defendant second-third party

plaintiff-respondent, Olympic Plumbing &

Heating Services, Inc., appellant, et al., defendants;

Gloron Agency, second third-party defendant-

appellant, et al., second third-party defendants

(and other third-party actions).

(Index No. 15040/05)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application by the appellant Olympic Plumbing & Heating Services, Inc., to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 1, 2008.

Upon the stipulation of the attorneys for the respective parties, dated April 6, 2010, it is

ORDERED that the application is granted and the appeal by the appellant Olympic Plumbing & Heating Services, Inc., is deemed withdrawn, without costs or disbursements.

RIVERA, J.P., FLORIO, ANGIOLILLO and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court