Solon v. Haykel Industries, Inc.

Motion denied, with costs. 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.