QP, Inc. v Flanders Group, Inc.
2012 NY Slip Op 09193
Released on January 8, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


ORDER

SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND MARTOCHE, JJ.

969 CA 12-00420

[*1]QP, INC., PLAINTIFF-RESPONDENT, THE

v

FLANDERS GROUP, INC., DEFENDANT-APPELLANT.


.


FELDMAN KIEFFER, LLP, BUFFALO (ADAM C. FERRANDINO OF COUNSEL), FOR DEFENDANT-APPELLANT.
WOODS OVIATT GILMAN LLP, ROCHESTER (WARREN B. ROSENBAUM OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

A decision order having been entered December 28, 2012, affirming an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), dated October 5, 2011, in a breach of contract action,

Now, upon the Court's own motion, with knowledge that a stipulation of discontinuance was filed by the parties in the Monroe County Clerk's Office on November 29, 2012, without notice to this Court,

It is hereby ORDERED that the decision order entered December 28, 2012, is vacated and the appeal is dismissed as moot.

Entered: January 8, 2013
Frances E. Cafarell
Clerk of the Court