| Schlemmer v Covell |
| 2019 NY Slip Op 06363 [175 AD3d 1119] |
| August 22, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Clifford Schlemmer, Appellant, v Janice Covell, Respondent. |
Cellino & Barnes, P.C., Buffalo (Gregory V. Pajak of counsel), for plaintiff-appellant.
Hagelin Spencer LLC, Buffalo (Sean M. Spencer of counsel), for defendant-respondent.
Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered May 8, 2018. The order denied the motion of plaintiff for partial summary judgment.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on May 9, 2019, and filed in the Niagara County Clerk's Office on May 10, 2019,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Peradotto, Carni, NeMoyer and Winslow, JJ.