Bonn, Dioguardi & Ray, LLP v ThomasYork, LLP
2012 NY Slip Op 07478 [100 AD3d 1416]
November 9, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


Bonn, Dioguardi & Ray, LLP, Formerly Known as Bonn, Shortsleeve & Ray, LLP, et al., Respondents, v ThomasYork, LLP, et al., Appellants.

—[*1] Underberg & Kessler LLP, Rochester (Colin D. Ramsey of counsel), for defendants-appellants.

Harris Chesworth, Rochester (Karen R. Sanders of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered February 25, 2011. The order denied the motion of defendants to disqualify counsel for plaintiffs.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 25 and 27, 2012,

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