| Colonial Sur. Co. v Genesee Val. Nurseries, Inc. |
| 2004 NY Slip Op 09918 [13 AD3d 1232] |
| Decided on December 30, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on December 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., PINE, HURLBUTT, MARTOCHE, AND SMITH, JJ.
1629 CA 04-00803
[*1]COLONIAL SURETY COMPANY, PLAINTIFF-RESPONDENT, ORDER
v
GENESEE VALLEY NURSERIES, INC., MARK GERENGER, DEFENDANTS-APPELLANTS, ET AL., DEFENDANT.
Appeal from an order of the Supreme Court, Allegany County (Thomas P. Brown, A.J.), entered July 1, 2003. The order directed defendants to post collateral security in the amount of $250,000.
DAVIDSON, FINK, COOK, KELLY & GALBRAITH, LLP, ROCHESTER (FERNANDO SANTIAGO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
DAMON & MOREY LLP, BUFFALO (EDWARD YANKELUNAS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 2, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: December 30, 2004
JoAnn M. Wahl
Clerk of the Court