| Board of Trustees v Bonadio & Co., LLP |
| 2016 NY Slip Op 01094 [136 AD3d 1409] |
| February 11, 2016 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Board of Trustees, for and on Behalf of Service
Employees Benefit Fund, Respondent, v Bonadio & Co., LLP, Formerly Known as Loguidice & Kamide, C.P.A., PLLC, et al., Appellants. |
Goldberg Segalla LLP, Albany (Jonathan M. Bernstein of counsel), for defendants-appellants.
Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Steven W. Williams of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered November 14, 2012. The order, insofar as appealed from, denied in part the motion of defendants to dismiss plaintiff's first amended complaint.
Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties and filed with the Court on December 11, 2015,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Smith, Carni and Lindley, JJ.