Joseph Myers v Happy Time Truck et al. .

Motion No: M-673X

Slip Opinion No: 2017 NYSlipOp 67160(U)

Decided on March 15, 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.

March 15, 2017

Joseph Myers,

Plaintiff-Respondent,

v

Happy Time Truck, et al.,

Defendants-Appellants.

An appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about September 8, 2016, Now, after pre-argument conference and upon reading and filing the stipulation of the parties hereto, "so ordered" February 7, 2017, and due deliberation having been had thereon, It is ordered that the appeal is withdrawn in accordance with the aforesaid stipulation. ENTERED: March 15, 2017

_____________________ CLERK

PRESENT: Hon. Peter Tom,Justice Presiding, David FriedmanJohn W. Sweeny, Jr. Rolando T. Acosta Dianne T. Renwick,Justices

M-673X

Index No. 304319/12