Checksfield v Siedlicki
2012 NY Slip Op 04605 [96 AD3d 1501]
June 8, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


Terry Checksfield, Respondent, v John C. Siedlicki, Sr., Appellant.

—[*1] Barth Sullivan Behr, Buffalo (Sarah P. Rera of counsel), for defendant-appellant.

Kenny & Kenny, PLLC, Syracuse (Erin K. Skuce of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered July 14, 2011. The order, insofar as appealed from, denied the motion of defendant to dismiss the complaint pursuant to CPLR 3126.

Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties on March 26, 2012,

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