Scarpitta v Kew Gardens Hills Apartment Owners, Inc.

Scarpitta v Kew Gardens Hills Apartment Owners, Inc.

Motion No: 2013-00685

Slip Opinion No: 2013 NY Slip Op 86305(U)

Decided on September 25, 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

M162758

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-00685
Danuta Scarpitta, respondent, v Kew Gardens
Hills Apartment Owners, Inc., et al., appellants
(and a third-party action).
(Index No. 12254/10)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Queens County, entered November 28, 2012.

Upon the stipulation of the attorneys for the respective parties, dated September 16, 2013, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the stay granted by decision and order on motion of this Court dated April 17, 2013, is vacated forthwith.

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

ENTER:

Aprilanne Agostino

Clerk of the Court