| KIMBERLY HERR AS ADMINISTRATOR OF THE ESTATE OF MARK HERR, DECEASED V WILLCARE, INC |
| Motion No: CA 21-00508 |
| Slip Opinion No: 2021 NY Slip Op 72102(U) |
| Decided on September 22, 2021 |
| 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: SMITH, J.P., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
CA 21-00508
| KIMBERLY HERR AS ADMINISTRATOR OF THE ESTATE OF MARK
HERR, DECEASED, PLAINTIFF-RESPONDENT, V WILLCARE, INC, DEFENDANT-APPELLANT. |
Appeals having been taken herein from an order of the Supreme Court, Erie County, entered October 1, 2020,
Now, upon reading and filing the stipulation of discontinuance signed by Elizabeth M. Midgley, Esq., and Angelo S. Gambino, Esq.,
It is hereby ORDERED that the appeals are dismissed without costs upon stipulation.
Entered: September 22, 2021
Ann Dillon Flynn
Clerk of the Court