Benkleman v Kolb
2013 NY Slip Op 04228 [107 AD3d 1479]
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


Marie T. Benkleman et al., Appellants, v Marcia A. Kolb, Respondent.

—[*1] Connors & Vilardo, LLP, Buffalo (Lawlor F. Quinlan, III, of counsel), for plaintiffs-appellants.

Law Offices of Destin C. Santacrose, Buffalo (Richard S. Poveromo of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered July 26, 2012. The order, insofar as appealed from, denied the motion of plaintiffs for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on April 26, 2013, and filed in the Erie County Clerk's Office on May 20, 2013,

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