Keppler v Keppler
2016 NY Slip Op 04621 [140 AD3d 1712]
June 10, 2016
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 3, 2016


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  Peter R. Keppler, Appellant, v Charles E. Keppler, Jr., et al., Respondents.

Justin S. White, Williamsville, for plaintiff-appellant.

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

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered August 22, 2014. The order, among other things, dismissed plaintiff's amended complaint and granted the relief requested in defendants' counterclaim.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 28 and 29, 2016,

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