SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
April 3, 1969
LOUISE R. SOLON, SUING ON BEHALF OF HERSELF AS A STOCKHOLDER OF HAYKEL INDUSTRIES, INC., RESPONDENT,
HAYKEL INDUSTRIES, INC., ET AL., APPELLANTS, ET AL., DEFENDANTS
Memorandum: It is recognized that upon a proper showing an appellate court may permit an appellant to withdraw an appeal (10 Carmody-Wait, New York Practice, § 70:246). No such proof has been presented by movants. It is reasonably clear that all parties to the stipulation contemplated that the respective appeals should be effectively terminated by dismissal thereof. Defendants have submitted no facts that move us to amend our former order.
Motion denied, with costs.
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