| Phillips v Brock, Schechter & Polakoff, LLP |
| 2015 NY Slip Op 08246 [133 AD3d 1193] |
| November 13, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Steven M. Phillips, as Executor of Brian J. Phillips,
Deceased, and as Successor Administrator C.T.A. of the Estate of William G. Phillips,
Deceased, Respondent, v Brock, Schechter & Polakoff, LLP, et al., Appellants. (And a Third-Party Action.) |
Goldberg Segalla LLP, Buffalo (Brian R. Biggie of counsel), for defendants-appellants and third-party plaintiffs.
Gelber & O'Connell, LLC, Amherst (Herschel Gelber of counsel), for plaintiff-respondent.
Hiscock & Barclay, Buffalo (David M. Hehr of counsel), for third-party defendant.
Appeal from an order of the Supreme Court, Erie County (Tracey A. Bannister, J.), entered September 13, 2013. The order denied the motion of defendants/third-party plaintiffs to compel the further deposition of an employee of third-party defendant.
Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on May 20, 29 and June 10, 2015,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Peradotto, Lindley, Valentino and DeJoseph, JJ.