| Farruggio v 918 James Receiver, LLC |
| 2022 NY Slip Op 05472 [208 AD3d 1652] |
| September 30, 2022 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Michael Farruggio, as Executor of the Estate of Theresa
Farruggio, Deceased, et al., Respondents, v 918 James Receiver, LLC, et al., Defendants, and River Meadows, LLC, Appellant. |
Goldberg Segalla, LLP, Syracuse (Lisa M. Robinson of counsel), for defendant-appellant.
Finkelstein, Blankinship, Frei-Pearson & Garber, LLP, White Plains (Jeremiah Frei-pearson of counsel), for plaintiffs-respondents.
Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered August 21, 2018. The order, among other things, granted in part plaintiffs' motion for class action certification and denied the cross motion of defendant River Meadows, LLC for severance.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 10, 2022,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Smith, Lindley and NeMoyer, JJ.