Kirchmeyer & Assoc., Inc. v Acosta (2006 NY Slip Op 03363)

Kirchmeyer & Assoc., Inc. v Acosta

2006 NY Slip Op 03363 [28 AD3d 1224]

April 28, 2006

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, June 21, 2006

Kirchmeyer & Associates, Inc., Appellant, v Anthony Acosta, Respondent. (Appeal No. 1.)

—[*1]Appeal from an amended order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered November 9, 2004. The amended order denied plaintiff's motion for a preliminary injunction and granted defendant's cross motion for summary judgment dismissing the complaint.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on January 24, 2006, and filed in the Monroe County Clerk's Office on January 27, 2006,

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation. Present—Pigott, Jr., P.J., Scudder, Kehoe, Pine and Hayes, JJ.