Garvey v MedAmerica Fingerlakes Long Term Care Ins. Co.
2013 NY Slip Op 01643 [104 AD3d 1142]
March 15, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 24, 2013


Marie M. Garvey, Respondent, v Medamerica Fingerlakes Long Term Care Insurance Company, Defendant, and CareScout, Appellant.

—[*1] Hodgson Russ LLP, Buffalo (Stephen W. Kelkenberg of counsel), for defendant-appellant.

Carney & Giallanza, Buffalo (Mary G. Carney of counsel), for plaintiff-respondent.

Bond Schoeneck & King, Syracuse (J.P. Wright of counsel), for defendant.

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered April 3, 2012. The order, insofar as appealed from, denied in part the motion of defendant CareScout to dismiss the amended complaint against it.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on November 27, 2012, and filed in the Erie County Clerk's Office on December 6, 2012,

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