| Capital One NA v Colucci |
| 2015 NY Slip Op 08313 [133 AD3d 1263] |
| November 13, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Capital One NA, Respondent, v David Colucci, Appellant. |
Law Office of John J. Delmonte, Niagara Falls (John J. Delmonte of counsel), for defendant-appellant.
Rubin & Rothman, LLC, Islandia (David K. Kowalenko of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered October 8, 2013. The order, among other things, denied defendant's motion to vacate a default judgment.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 23, 2015,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Peradotto, Lindley, Valentino and DeJoseph, JJ.