Charles Issendorf individually v Scott Kaylin et al.

Motion No: M-147X

Slip Opinion No: 2018 NYSlipOp 64088(U)

Decided on February 15, 2018

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 15, 2018

Charles Issendorf, individually

and derivatively on behalf of

EKS Holdings, LLC,

Plaintiff-Respondent,

v

Scott Kaylin, et al.,

Defendants,

-and-

Champion System, Ltd., et al.,

Defendants,

Surplus Garment Limited,

Defendant-Appellant.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about April 20, 2016, Now, after pre-argument conference and upon reading

and filing the stipulation of the parties hereto, "so ordered" January 11, 2018, and due deliberation having been had thereon, It is ordered that the appeal is withdrawn in accordance with the aforesaid stipulation. ENTERED: February 15, 2018

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice,David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices

M-147X

Index No. 650556/15