the State of New York v Index No. 452043/18 Cynthia Brann Commissioner New York

Motion No: M-2765

Slip Opinion No: 2019 NYSlipOp 74688(U)

Decided on July 11, 2019

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.

July 11, 2019

The State of New York

ex rel. Luke Schram, Esq.,

on behalf of Barry Kendrick,

Petitioner-Appellant,

v

Index No. 452043/18

Cynthia Brann, Commissioner, New York

City Department of Corrections,

Respondent-Respondent.

An appeal having been taken from an order of the Supreme Court, New York County, rendered on or about October 26, 2016, Now, upon reading and filing the stipulation of the parties hereto, dated May 23, 2019, and due deliberation having been had thereon, It is ordered that the appeal is withdrawn in accordance with the aforesaid stipulation. ENTERED: July 11, 2019

_____________________ CLERK

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

M-2765

Ind. No. 3329/18