Nortz v Michigan Millers Mut. Ins. Co.
2013 NY Slip Op 06218 [109 AD3d 1211]
September 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 30, 2013


Scott R. Nortz, as Executor of Richard J. Brown, Deceased, Individually and Doing Business as Gold Cup Farms, Inc. and Another, Appellant,
v
Michigan Millers Mutual Insurance Company, Respondent.

—[*1] Brindisi, Murad, Brindisi, Pearlman, Julian & Pertz, LLP, Utica (Richard Pertz of counsel), for plaintiff-appellant.

Costello, Cooney & Fearon, PLLC, Camillus (Shannon R. Becker of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Jefferson County (James P. McClusky, J.), entered August 1, 2012. The order, insofar as appealed from, granted the motion of defendant to compel appraisal.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on May 29 and June 6, 2013 and filed in the Jefferson County Clerk's Office on June 11, 2013,

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