| DOUGLAS H. TILLOTSON AND TINA TILLOTSON V CLAAS OF AMERICA, INC. , LAMB & WEBSTER, INC. |
| Motion No: CA 17-00970 |
| Slip Opinion No: 2017 NY Slip Op 77751(U) |
| Decided on June 19, 2017 |
| 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: WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 17-00970
| DOUGLAS H. TILLOTSON AND TINA TILLOTSON,
PLAINTIFFS-APPELLANTS, V CLAAS OF AMERICA, INC., ET AL., DEFENDANTS, LAMB & WEBSTER, INC.,
DEFENDANT-RESPONDENT. |
Appellant having moved to dismiss without prejudice the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 18, 2016, and for other relief,
Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to May 23, 2017, the notice of motion with proof of service thereof, and the affidavit of Kenneth L.Bostick, Jr., Esq., sworn to June 1, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and the appeal are dismissed (see CPLR 5701 [a] [2]; Sholes v Meager, 100 NY2d 333, 336).
Entered: June 19, 2017
Frances E. Cafarell, Clerk