Surf City Enters. of Syracuse, Inc. v Van Wert (2009 NY Slip Op 07003)

Surf City Enters. of Syracuse, Inc. v Van Wert

2009 NY Slip Op 07003 [66 AD3d 1434]

October 2, 2009

Appellate Division, Fourth Department

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

As corrected through Wednesday, December 9, 2009

Surf City Enterprises of Syracuse, Inc., Respondent, v Laura Van Wert et al., Appellants.

—[*1] Davis Wright Tremaine LLP, New York City (Christopher J. Robinson of counsel) and Mackenzie Hughes LLP, Syracuse, for defendants-appellants.

Law Offices of Pat Kelly, Esq., Plano, Texas (Pat Kelly of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered May 5, 2008. The order, insofar as appealed from, denied in part defendants' motion to dismiss the complaint.

Now, upon reading and filing the stipulation of withdrawal signed by the attorneys for the parties on July 9, 2009,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Hurlbutt, J.P., Fahey, Peradotto, Green and Pine, JJ.