Mitchell v Woods Oviatt Gilman, LLP (2016 NY Slip Op 00826)

Mitchell v Woods Oviatt Gilman, LLP

2016 NY Slip Op 00826 [136 AD3d 1313]

February 5, 2016

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 23, 2016

[*1]

Dontie S. Mitchell, Appellant,
v
Woods Oviatt Gilman, LLP, et al., Respondents. (Appeal No. 2.)

Dontie S. Mitchell, plaintiff-appellant pro se.

Woods Oviatt Gilman, LLP, Rochester (William G. Bauer of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Cayuga County (Thomas G. Leone, A.J.), entered December 23, 2014. The order denied plaintiff's motion seeking, inter alia, to strike defendants' answer.

Now, upon reading and filing the stipulation of discontinuance signed by the plaintiff on November 27, 2015 and by the attorney for the defendants on December 3, 2015,

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