Deutsche Bank Natl. Trust Co. v Batcho
2018 NY Slip Op 00946 [158 AD3d 1257]
February 9, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2018


[*1]
  Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2005-HE7, Mortgage Pass-Through Certificates, Series 2007-HE7, Respondent,
v
Christine M. Batcho, Appellant, et al., Defendants.

Center for Elder Law & Justice, Buffalo (Daniel Webster of counsel), for defendant-appellant.

Leopold & Associates, PLLC, Armonk (Erin E. Wietecha of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered January 6, 2017. The order denied the motion of defendant Christine M. Batcho to dismiss the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for plaintiff and defendant-appellant on January 16 and 22, 2018,

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