Chiapperini v Gander Mtn. Co., Inc.
2018 NY Slip Op 02979 [160 AD3d 1437]
April 27, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 30, 2018


[*1]
 Kimberly Chiapperini, as Representative of the Estate of Michael Chiapperini, Deceased, et al., Appellants,
v
Gander Mountain Company, Inc., Respondent, et al., Defendants.

Woods Oviatt Gilman LLP, Rochester (Donald W. O'Brien, Jr., of counsel), for plaintiffs-appellants.

Pisciotti Malsch, P.C., White Plains (Jeffrey Malsch of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered October 4, 2016. The order, among other things, awarded defendant Gander Mountain Company, Inc. a protective order for certain "trace data."

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 22, 2018,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Centra, Lindley, Curran and Troutman, JJ.