Matter of Scheff v Taub
2009 NY Slip Op 07062 [66 AD3d 1486]
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


In the Matter of Susan Scheff, Respondent, v Jeffrey Taub, Appellant.

[*1] William R. Hites, Buffalo, for respondent-appellant.

Lipsitz Green Scime Cambria LLP, Buffalo (Patrick C. O'Reilly of counsel), for petitioner-respondent.

James Kreuzer, Law Guardian, Buffalo, for Hailey M.T.

Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered May 23, 2008. The order, inter alia, denied the motion of respondent to vacate certain default orders.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties and by the Law Guardian on September 11, 2009,

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