| MOTION NO. 1136.2 DESTINY USA HOLDINGS, LLC V CITIGROUP GLOBAL MARKETS REALTY CORP. |
| Motion No: CA 09-01520 |
| Slip Opinion No: 2011 NY Slip Op 76380(U) |
| Decided on June 10, 2011 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, AND GREEN, JJ.
DOCKET NO. CA 09-01520
| MOTION NO. 1136.2 DESTINY USA HOLDINGS, LLC,
PLAINTIFF-RESPONDENT, V CITIGROUP GLOBAL MARKETS REALTY CORP., DEFENDANT-APPELLANT. |
Appellant having moved for leave to appeal to the Court of Appeals from the order of this Court entered November 13, 2009,
Now, upon reading and filing the affirmation and statement of Janet D. Callahan, Esq. dated November 23, 2009, the notice of motion with proof of service thereof, the statement of Howard Graff, Esq. dated December 11, 2009, and the stipulation of discontinuance of appeal and withdrawal of motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed on stipulation as withdrawn.
Entered: June 10, 2011
Patricia L. Morgan, Clerk