| Francis v Szczepanski |
| 2016 NY Slip Op 07533 [144 AD3d 1593] |
| November 10, 2016 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Stephen P. Francis, Doing Business as Extreme Realty Builders, Respondent, v Christopher Szczepanski et al., Defendants, and NBT Bank, Appellant. |
Hinman, Howard & Kattell, LLP, Binghamton (Daniel R. Norton of counsel), for defendant-appellant.
Frye & Carbone LLC, Utica (Richard A. Frye of counsel), for plaintiff-respondent.
Tod M. Lascurettes, Utica, for defendant Christopher Szczepanski.
Appeal from an order of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered June 3, 2015. The order, among other things, denied in part the motion of defendant NBT Bank to dismiss the complaint against it.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on August 8, 2016, and filed in the Oneida County Clerk's Office on September 20, 2016,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Peradotto, NeMoyer, Curran and Troutman, JJ.