Merizzi v Pipher
2022 NY Slip Op 07395 [211 AD3d 1629]
December 23, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 8, 2023


[*1]
 Dana M. Merizzi et al., Respondents,
v
Ruth Pipher et al., Appellants.

Lynn D'Elia Temes & Stanczyk, Syracuse (David C. Temes of counsel), for defendants-appellants.

Michaels & Smolak, P.C., Auburn (Michael G. Bersani of counsel), for plaintiffs-respondents.

Appeal from an order and judgment (one paper) of the Supreme Court, Cayuga County (Thomas G. Leone, A.J.), entered December 9, 2020. The order and judgment granted in part the motion of plaintiffs for a default judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on July 14, 2022,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Peradotto, Lindley, Bannister and Montour, JJ.