Wenzel v 16302 Jamaica Avenue, LLC
Motion No: 2012-00826
Slip Opinion No: 2013 NY Slip Op 65800(U)
Decided on February 27, 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

M152055

L/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-00826

Douglas Wenzel, appellant-respondent,

v 16302 Jamaica Avenue, LLC, respondent,

Margherita Pizza NY Corp., respondent-appellant.

(Index No. 941/09)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Queens County, dated December 9, 2011.

Upon the stipulation of the attorneys for the respective parties, dated February 20, 2013, it is

ORDERED that the application is granted and the cross appeal by the respondent-appellant is deemed withdrawn, without costs or disbursements.

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

ENTER:

Aprilanne Agostino

Clerk of the Court