Smith v Merrill Lynch & Co., Inc.
Motion No: 2010-07952
Slip Opinion No: 2011 NY Slip Op 93036(U)
Decided on December 19, 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

M130546

V/

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2010-07952

Noel Smith, plaintiff-respondent, v Merrill

Lynch & Co., Inc., defendant-appellant,

Fitzgerald & Fitzgerald, P.C., defendant

third-party plaintiff-respondent, et al.,

defendant third-party plaintiff; Locator

Services Group, Ltd., et al., third-party

defendants-respondents, et al., third-party

defendant.

(Index No. 9299/04)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 16, 2010.

Upon the stipulation of the attorneys for the respective parties, dated November 28, 2011, and November 30, 2011, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court