| Tew v Emerling |
| 2020 NY Slip Op 06677 [188 AD3d 1691] |
| November 13, 2020 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| John G. Tew, Respondent, v George M. Emerling, Appellant. |
Law Offices of Victor M. Wright, Orchard Park (Victor M. Wright of counsel), Saretsky Katz & Dranoff, L.L.P., New York City, for defendant-appellant.
Campbell & Associates, Eden (R. Colin Campbell of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered March 13, 2020. The order, inter alia, granted the motion of plaintiff to compel defendant to comply with an agreement to arbitrate.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 27, 2020,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Peradotto, Curran, Bannister and DeJoseph, JJ.