Utica Land Equities LLC v Utica Holding Co.
2010 NY Slip Op 02605 [71 AD3d 1557]
March 26, 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


Utica Land Equities LLC, Plaintiff, v Utica Holding Company, Defendant/Counterclaim Plaintiff-Respondent. Coolidge Utica LLC, Counterclaim Defendant-Appellant. (Appeal No. 3.)

—[*1] Goldberg Weprin Finkel Goldstein LLP, New York City (Matthew Hearle of counsel), for counterclaim defendant-appellant.

Douglas H. Zamelis, Manlius, for counterclaim plaintiff-respondent.

Appeal from an order of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered January 5, 2009. The order, inter alia, held counterclaim defendant in civil and criminal contempt.

Now, upon reading and filing the stipulation withdrawing and discontinuing appeals signed by the attorneys for the parties on March 11 and 18, 2010,

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