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MONICA MARTINEZ, res, v. AVR-104 ASSOCIATES, LLC, ap, ET AL., def — The defendant AVR-104 Associates, LLC, having appealed to this Court from an order of the Supreme Court, Westchester County, dated January 9, 2012, and having perfected the appeal on June 12, 2012, the respondent having filed a brief on July 16, 2012, and the appellant having filed a reply brief on July 30, 2012, the matter was placed on this Court’s calendar for March 4, 2013. By letter dated February 25, 2013, counsel for the appellant sought permission to withdraw the appeal. The letter indicated that the case had been settled on or about August 21, 2012, and that a stipulation of discontinuance was executed on or about November 28, 2012.

Now, on the Court’s own motion, it is

 
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