Tag Mech. Sys., Inc. v V.I.P. Structures, Inc. (2010 NY Slip Op 06866)

Tag Mech. Sys., Inc. v V.I.P. Structures, Inc.

2010 NY Slip Op 06866 [77 AD3d 1317]

October 1, 2010

Appellate Division, Fourth Department

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

As corrected through Wednesday, December 15, 2010

Tag Mechanical Systems, Inc., Respondent,
v
V.I.P. Structures, Inc., Appellant.

—[*1] Sheats & Associates, PC, Brewerton (Jason B. Bailey of counsel), for defendant-appellant. Costello, Cooney & Fearon, PLLC, Syracuse (Shelly DiBenedetto of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered September 9, 2009. The order granted the motion of plaintiff for a protective order.

Now, upon reading and filing the stipulation discontinuing action signed by the attorneys for the parties on May 13, 2010,

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