5 Star Holdings NY, LLC v Kohl's Department Stores, Inc.
Motion No: 2021-00262
Slip Opinion No: 2023 NY Slip Op 62226(U)
Decided on February 17, 2023
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M287437

HTR/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2021-00262 D

5 Star Holdings NY, LLC, et al., appellants,

v Kohl's Department Stores, Inc., et al., respondents.

(Index No. 617240/2019)

ECISION & ORDER ON APPLICATION

Appeal from an order of the Supreme Court, Nassau County, dated October 22, 2020. Application by the appellants to withdraw the appeal insofar as taken against the respondent Network Trucking Co., Inc.

Upon the papers filed in support of the application and the stipulation of the parties filed February 14, 2022, it is

ORDERED that the application is granted and the appeal is deemed withdrawn insofar as taken against the respondent Network Trucking Co., Inc., without costs or disbursements.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court