Messner v City of New York/Department of Sanitation

Messner v City of New York/Department of Sanitation

Motion No: 2011-03211

Slip Opinion No: 2012 NY Slip Op 62735(U)

Decided on January 31, 2012

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

M132487

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

JEFFREY A. COHEN, JJ.

2011-03211
James Messner, et al., respondents, v City
of New York/Department of Sanitation,
et al., appellants, et al., defendants.
(Index No. 101890/06)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Richmond County, dated January 13, 2011.

Upon the stipulation of the attorneys for the respective parties, dated January 27, 2012, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

BALKIN, J.P., DICKERSON, BELEN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court