| Esl Fed. Credit Union v Federal Trust Bank |
| 2005 NY Slip Op 07105 [21 AD3d 1441] |
| Decided on September 30, 2005 |
| 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 September 30, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GORSKI, MARTOCHE, PINE, AND LAWTON, JJ.
1042 CA 05-00451
[*1]ESL FEDERAL CREDIT UNION, PLAINTIFF-RESPONDENT, ORDER
v
FEDERAL TRUST BANK, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered December 3, 2004. The order denied defendant's motion to dismiss the complaint.
BERKMAN, HENOCH, PETERSON & PEDDY, P.C., GARDEN CITY (ANDREW M. ROTH OF COUNSEL), FOR DEFENDANT-APPELLANT.
LACY KATZEN LLP, ROCHESTER (DAVID RASMUSSEN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation of withdrawal signed by the attorneys for the parties on August 4, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: September 30, 2005
JoAnn M. Wahl
Clerk of the Court