| Western N.Y. Immediate Med. Care, PLLC v HealthNow N.Y., Inc. |
| 2014 NY Slip Op 06470 [120 AD3d 1606] |
| September 26, 2014 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Western New York Immediate Medical Care, PLLC, Respondent, v HealthNow New York, Inc., Doing Business as Blue Cross Blue Shield of Western New York, Appellant. |
Webster Szanyi LLP, Buffalo (Michael P. McClaren of counsel), for defendant-appellant.
Notaro & Laing, P.C., Buffalo (Linda C. Laing of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered December 20, 2013. The order, insofar as appealed from, granted a preliminary injunction enjoining defendant from removing plaintiff from its list of participating providers.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on September 2, 2014, and filed in the Erie County Clerk's Office on September 3, 2014,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Peradotto, Carni and Valentino, JJ.