Babcock v Schoenberger
2013 NY Slip Op 01694 [104 AD3d 1213]
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


William J. Babcock, Jr., Individually and as Executor of Lorna F. Babcock, Deceased, Appellant, v H. Robert Schoenberger, Respondent.

—[*1] Harris Beach PLLC, Pittsford (John A. Mancuso of counsel), for plaintiffs-appellants.

Woods Oviatt Gilman LLP, Rochester (Beryl Nusbaum of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered June 7, 2011. The order, inter alia, denied the motion of plaintiffs for summary judgment.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on February 14 and 15, 2013,

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