National Bank of New York City v 296 5th Avenue Group,

National Bank of New York City v 296 5th Avenue Group,

Motion No: 2012-03275

Slip Opinion No: 2013 NY Slip Op 65247(U)

Decided on February 21, 2013

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

M151681

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-03275
National Bank of New York City, appellant,
v 296 5th Avenue Group, LLC, et al., defendants,
Juan Castro, et al., defendants-respondents;
Barton Schwartz, nonparty-respondent.
(Index No. 29057/09)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 20, 2011.

Upon the stipulation of the attorneys for the respective parties, dated January 17, 2013, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court