Presnell v New York Cent. Mut. Ins. Co.
2013 NY Slip Op 01985 [104 AD3d 1337]
March 22, 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


Chasity Presnell, Respondent,
v
New York Central Mutual Insurance Company, Appellant.

—[*1] Baxter Smith & Shapiro, P.C., West Seneca (Louis B. Dingeldey, Jr., of counsel), for defendant-appellant.

Cellino & Barnes, Buffalo (Ellen B. Sturm of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Niagara County (Matthew J. Murphy, III, A.J.), entered September 26, 2011. The order, among other things, granted that part of the motion of plaintiff seeking to compel a further deposition of Jean Ostrander.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Peradotto, Carni, Sconiers and Whalen, JJ.