Catering Specialists, LLC v Air Charter Team, Inc.
2010 NY Slip Op 02304 [71 AD3d 1488]
March 19, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


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

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

Evans & Fox LLP, Rochester (Kenneth R. Kraus of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered May 7, 2009 in a breach of contract action. The order granted the motion of defendant pursuant to CPLR 3211 (a) (4) to dismiss the action.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on March 1, 2010,

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