LaSalle Bank, N.A. v Seneca One Realty LLC
2015 NY Slip Op 09448 [134 AD3d 1387]
December 23, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2016


[*1] (December 23, 2015)
 LaSalle Bank, N.A., as Custodian for Wells Fargo Bank, N.A., Trustee for the Registered Holders of GS Mortgage Securities Corporation II, Commercial Mortgage Pass-Through Certificates, Series 2005-GG4, Respondent,
v
Seneca One Realty LLC, et al., Defendants. Phillips Lytle LLP, Proposed Intervenor-Appellant.

Phillips Lytle LLP, Buffalo (Sean C. McPhee of counsel), for Proposed intervenor-appellant.

Buchanan Ingersoll & Rooney PC, Buffalo (Peter S. Russ of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered June 16, 2014. The order denied the motion of Phillips Lytle LLP for leave to intervene in this action.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 16, 2015,

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