Capacity Group of NY LLC v Michael A. Duni .

Motion No: M-6958X

Slip Opinion No: 2019 NYSlipOp 81155(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

Capacity Group of NY LLC,

Plaintiff-Respondent,

v

Michael A. Duni,

Defendant-Appellant.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about February 5, 2019, Now, after pre-argument conference and upon reading and filing the stipulation of the parties hereto, "so ordered"

August 16, 2019, and due deliberation having been had thereon, It is ordered that the appeal is withdrawn in accordance with the aforesaid stipulation. 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-6958X

Index No. 652225/18