Winefsky v Mahlstadt
Motion No: 2013-09823
Slip Opinion No: 2014 NY Slip Op 73786(U)
Decided on June 3, 2014
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

M175026

L/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-09823

Stuart Winefsky, etc., plaintiff-respondent,

v Michael J. Mahlstadt, et al., defendants-

respondents, City of New York, appellant.

(Index No. 29504/08)

DECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 5, 2013.

Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 March 17, 2014, is vacated forthwith.

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

ENTER:

Aprilanne Agostino

Clerk of the Court