| Matter of Potter v Robert F. Hyland & Sons, LLC |
| 2015 NY Slip Op 06083 [130 AD3d 1573] |
| July 10, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Clayton A. Potter,
Appellant, v Robert F. Hyland & Sons, LLC, Respondent. |
Forsyth Howe O'Dwyer Kalb & Murphy, P.C., Rochester (Sanford R. Shapiro of counsel), for petitioner-appellant.
Leclair Korona Giordano Cole, LLP, Rochester (Steven E. Cole of counsel), for respondent-respondent.
Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered October 10, 2014 in a CPLR article 76 proceeding. The order, insofar as appealed from, dismissed the petition.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on April 21, 2015, and filed in the Monroe County Clerk's Office on April 22, 2015,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Carni, Lindley and DeJoseph, JJ.\