Presnell v New York Cent. Mut. Ins. Co.
2013 NY Slip Op 04206 [107 AD3d 1469]
June 7, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2013


Chastity N. 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, P.C., 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 April 4, 2012. The order denied the motion of defendant to dismiss plaintiff's breach of contract claim.

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—Scudder, P.J., Peradotto, Lindley, Sconiers and Whalen, JJ.