Windsong Lane Farms v Telmark, LLC
2009 NY Slip Op 00826 [59 AD3d 985]
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


Windsong Lane Farms, Respondent,
v
Telmark, LLC, et al., Appellants.

—[*1] Menter, Rudin & Trivelpiece, P.C., Syracuse (Julian B. Modesti of counsel), for defendants-appellants.

Hiscock & Barclay, LLP, Syracuse (Gabriel M. Nugent of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Jefferson County (Joseph D. McGuire, J.), entered September 26, 2007 in an action for breach of contract and negligence. The order denied defendants' motion for summary judgment.

Now, upon reading and filing the stipulation to withdraw appeal signed by the attorneys for the parties on December 2 and 8, 2008,

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