Ozone Park Funding Associates v Modica
Motion No: 2010-02826
Slip Opinion No: 2011 NY Slip Op 65545(U)
Decided on March 2, 2011
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

M116315

L/

REINALDO E. RIVERA, J.P.

MARK C. DILLON

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2010-02826

Ozone Park Funding Associates, respondent,

v Anthony Modica, et al., appellants, New

York State Department of Taxation and

Finance, et al., defendants.

(Index No. 20064/08)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 3, 2010.

Upon the stipulation of the attorneys for the respective parties, dated February 23, 2011, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

RIVERA, J.P., DILLON, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court