| MARGARET SOBIERJA V BONNIE ESCH AND CORFU MEADOWS ASSOCIATES LIMITED PARTNERSHIP |
| Motion No: CA 12-01409 |
| Slip Opinion No: 2012 NY Slip Op 92565(U) |
| Decided on December 3, 2012 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-01409
| MARGARET SOBIERJA, PLAINTIFF-RESPONDENT, V
BONNIE ESCH, DEFENDANT, AND CORFU MEADOWS ASSOCIATES LIMITED PARTNERSHIP,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Genesee on June 1, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Nathan C. Doctor, Esq., sworn to November 8, 2012, the notice of motion with proof of service thereof, and the statement of Michael M. Chelus, Esq. dated November 19, 2012, the stipulation of discontinuance dated November 21, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed because the appeal has been discontinued pursuant to a stipulation signed by the parties' attorneys.
Entered: December 3, 2012
Frances E. Cafarell, Clerk