Westchester Capital Management Inc. v Westchester Capital Management LLC .

Motion No: M-5758

Slip Opinion No: 2017 NYSlipOp 63241(U)

Decided on February 2, 2017

Appellate Division, First 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.

February 2, 2017

Westchester Capital Management, Inc.,

Plaintiff-Respondent,

v

Westchester Capital Management, LLC,

Defendant-Appellant.

An appeal having been taken from the order of the Supreme Court, New York County, entered on or about June 20, 2016, Now, upon reading and filing the stipulation of the parties hereto, dated November 11, 2016, and due deliberation having been had thereon, It is ordered that the appeal, previously perfected, is withdrawn in accordance with the aforesaid stipulation. ENTERED: February 2, 2017

_____________________ CLERK

PRESENT - Hon. Peter Tom,Justice Presiding, David Friedman John W. Sweeny, Jr. Rolando T. Acosta Dianne T. Renwick, Justices

M-5758

Index No. 651669/16