| Portfolio Recovery Assoc., LLC v Fiumano |
| 2016 NY Slip Op 06611 [143 AD3d 1294] |
| October 7, 2016 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Portfolio Recovery Associates, LLC, as Purchaser of GE Capital Retail Bank, Respondent, v Shelly Fiumano, Appellant. |
David M. Kaplan, Penfield, for defendant-appellant.
Forster & Garbus, LLP, Commack (Valerie E. Watts of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered August 5, 2015. The order denied the motion of defendant for summary judgment.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on July 1, 2016, and filed in the Ontario County Clerk's Office on July 19, 2016,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Centra, NeMoyer, Troutman and Scudder, JJ.