No. 99-9463.United States Court of Appeals, Second Circuit.
January 16, 2001.
Present KEARSE, JACOBS and CABRANES, Circuit Judges.
Counsel for certain defendants-counter-claimants-appellees having informed this Court in or about November 2000 that the above action has been settled,
And this Court having unsuccessfully requested the parties to file a stipulation of discontinuance of the appeal, which was scheduled to be heard on January 10, 2001,
And this Court having telephoned the office of Philip Furgang, Furgang Adwar (“Furgang”), counsel of record for plaintiff-counterclaim-defendant-appellant (“plaintiff”), and having eventually been informed by Furgang that the matter has been settled and that written confirmation would be forthcoming from Kevin J. O’Neill, Gogic, Byrne O’Neill (“O’Neill”), another firm representing plaintiff,
And O’Neill, having sent this Court a letter dated January 5, 2001, stating that this appeal has been rendered moot because the matter has been settled, and attaching a copy of a stipulation of dismissal filed in the district court and so-ordered by that court on December 4, 2000,
It is hereby ordered that the appeal be and it hereby is dismissed with prejudice.
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