PATRICK DEERING V ROBERTA PROSSER AND KYLE MULLEN
Motion No: CA 19-00954
Slip Opinion No: 2019 NY Slip Op 83223(U)
Decided on October 30, 2019
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.


October 30, 2019

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

CA 19-00954

PATRICK DEERING, PLAINTIFF-APPELLANT,

V

ROBERTA PROSSER AND KYLE MULLEN, DEFENDANTS-RESPONDENTS.


Appellant having applied to discontinue, with respect to Kyle Mullen only, the appeal taken herein from an order and judgment of the Supreme Court, Niagara County, entered April 4, 2019,

Now, upon reading and filing the papers with respect to the application, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted and the appeal is dismissed without costs as to Kyle Mullen only.

Entered: October 30, 2019

Mark W. Bennett

Clerk of the Court