TRG Advisors, Inc. v P&A Retirement Plan Servs., Inc.
2013 NY Slip Op 02972 [105 AD3d 1455]
April 26, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 29, 2013


TRG Advisors, Inc., Formerly Known as P&A Financial Securities, Inc., Appellant-Respondent, et al., Plaintiffs, v P&A Retirement Plan Services, Inc., et al. Appellants. (Appeal No. 2.)

—[*1] Zdarsky, Sawicki & Agostinelli LLP, Buffalo (Joseph E. Zdarsky of counsel), for plaintiff-appellant-respondent.

Mattar, D'Agostino & Gottlieb, LLP, Buffalo (Lawrence J. Mattar of counsel), for defendants-respondents-appellants.

Appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Erie County (John A. Michalek, J.), entered July 18, 2012. The order and judgment granted in part and denied in part the motion of plaintiff TRG Advisors, Inc., formerly known as P&A Financial Securities, Inc., for partial summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on January 23, 2013, and filed in the Erie County Clerk's Office on January 29, 2013,

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