ASD Specialty Healthcare, Inc. v Smith
2011 NY Slip Op 00864 [81 AD3d 1298]
February 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 30, 2011


ASD Specialty Healthcare, Inc., Doing Business as Oncology Supply Company, Derivatively on Behalf of Syracuse Hematology/Oncology, P.C., Respondent,
v
J. Robert Smith, Defendant, and Benjamin S. Himpler et al., Appellants.

—[*1] Walter D. Kogut, P.C., Syracuse (Walter D. Kogut of counsel) and Franklin A. Josef, Fayetteville, for defendants-appellants. Porter Nordby Howe, LLP, Syracuse (Eric C. Nordby of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered February 22, 2010. The order granted plaintiff's motion for leave to reargue and upon reargument reinstated plaintiff's complaint.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on January 11, 2011,

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