Air Charter Team, Inc. v Catering Specialists, LLC
2009 NY Slip Op 09942 [68 AD3d 1821]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


Air Charter Team, Inc., Respondent,
v
Catering Specialists, LLC, Appellant.

—[*1] Culley, Marks, Tanenbaum & Pezzulo, LLP, Rochester (Frank G. Montemalo of counsel), for defendant-appellant. Evans Fox LLP, Rochester (Richard J. Evans of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered July 15, 2009 in a breach of contract action. The order, inter alia, granted the motion of plaintiff to take the oral deposition of a nonparty.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on October 14, 2009,

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