Dinaburg v United Ref. Co.
2017 NY Slip Op 00833 [147 AD3d 1369]
February 3, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 29, 2017


[*1]
 Jack I. Dinaburg, Respondent, v United Refining Company, Appellant.

Rupp Baase Pfalzgraf Cunningham LLC, Buffalo (John T. Kolaga of counsel), for defendant-appellant.

Barclay Damon, LLP, Syracuse (Robert A. Barrer of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered January 22, 2016. The order, insofar as appealed from, denied the motion of defendant to disqualify counsel for plaintiff.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on December 15, 2016,

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