Links at Black Cr., LLC v Ballantyne Dev., LLC
2009 NY Slip Op 00730 [59 AD3d 932]
February 6, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


The Links at Black Creek, LLC, Appellant, v Ballantyne Development, LLC, et al., Defendants, and Rexford-Albany Municipal Supply Company, Inc., Respondent.

—[*1] Phillips Lytle LLP, Rochester (Steven E. Laprade of counsel), for plaintiff-appellant.

Couch Dale PC, Latham (Kimberlee J. Dale of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered June 29, 2007. The order denied in part plaintiff's motion for summary judgment.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on December 17, 2008,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Hurlbutt, Centra and Gorski, JJ.