| Matter of Univest I Corp. v Skydeck Corp. |
| 2016 NY Slip Op 01980 [137 AD3d 1622] |
| March 18, 2016 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Univest I Corp., Derivatively on Behalf of 470 Peal Street, LLC, Respondent, v Skydeck Corporation, Doing Business as Pay2Park, Respondent, and Buffalo Development Corporation, Appellant, et al., Respondent. |
The Knoer Group, PLLC, Buffalo (Robert E. Knoer of counsel), for respondent-appellant.
Rupp Baase Pfalzgraf Cunningham LLC, Buffalo (Matthew D. Miller of counsel), for petitioner-respondent.
Woods Oviatt Gilman LLP, Buffalo (William F. Savino of counsel), for respondent-respondent.
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered December 1, 2014 in a proceeding pursuant to RPAPL article 7. The order, among other things, denied the motion of respondent Buffalo Development Corporation to dismiss the petition, and granted the petition in part.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on February 4 and 5, 2016, and filed in the Erie County Clerk's Office on February 8, 2016,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Smith, Carni, Nemoyer and Curran, JJ.