Pizzarotti LLC on behalf of itself and v

Motion No: M-6940

Slip Opinion No: 2019 NYSlipOp 81149(U)

Decided on October 8, 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.

October 8, 2019

Pizzarotti, LLC, on behalf of itself and

on behalf of all persons entitled to

share in the funds received by SSC High

Rise Construction Inc. in connection

with a project identified as 1 Seaport at 161 Maiden Lane, New York, New York 10038, Plaintiff-Respondent,

v

SSC High Rise Construction Inc.,

Timothy Mahoney and Michael Mahoney,

Defendants-Appellants.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about January 31, 2019, Now, upon reading and filing the correspondence from counsel for defendants-appellants dated August 20, 2019, and due deliberation having been had thereon, It is ordered that the appeal is deemed withdrawn in accordance with the aforesaid correspondence. ENTERED: OCTOBER 8, 2019

_____________________ CLERK

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

M-6940

Index No. 154879/18