Dan Forkosh individually and as v MP Cool Investments Ltd.

Motion No: M-3442

Slip Opinion No: 2019 NYSlipOp 79088(U)

Decided on September 10, 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.

September 10, 2019

Dan Forkosh, individually, and as

assignee of other Minority Shareholders

of DuCool, Ltd.,

Plaintiff-Appellant-Respondent,

v

MP Cool Investments Ltd.,

Defendant-Respondent-Appellant,

David Matlin, MatlinPatterson Global

Advisors LLC,MatlinPatterson Global

Opportunities Partners III L.P., etal.,

Defendants-Respondents.

An appeal and cross appeal having been taken from an order of the Supreme Court, New York County, entered on or about September 25, 2018,Now, upon reading and filing the joint correspondence of the parties hereto, dated July 8, 2019, and due deliberation having been had thereon, It is ordered that the appeal and cross appeal are deemed withdrawn in accordance with the aforesaid correspondence. ENTERED: September 10, 2019

_____________________ CLERK

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

M-3442

Index No. 656735/17