Matter of New York Cent. Mut. Fire Ins. Co. (Mendez) (2012 NY Slip Op 06484)

Matter of New York Cent. Mut. Fire Ins. Co. (Mendez)

2012 NY Slip Op 06484 [98 AD3d 1315]

September 28, 2012

Appellate Division, Fourth Department

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

As corrected through Wednesday, October 24, 2012

In the Matter of the Arbitration between New York Central Mutual Fire Insurance Company, Appellant, and Jasmine Mendez, Respondent.

—[*1] Brown & Kelly, LLP, Buffalo (Mark J. Schaefer of counsel), for petitioner-appellant.

Law Offices of James Morris, Buffalo (Nadeen C. Singh of counsel), for respondent-respondent.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered August 19, 2011. The order, insofar as appealed from, denied the application of petitioner for a permanent stay of arbitration and denied the application of petitioner for an evidentiary hearing.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on August 7, 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.