Ramirez-Hernandez v Bloomingdale
2023 NY Slip Op 00537 [213 AD3d 1209]
February 3, 2023
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 29, 2023


[*1]
 Carlos Ramirez-Hernandez, Respondent,
v
Andrew C. Bloomingdale et al., Defendants, and Mavis Tire Supply, LLC, Appellant. (Appeal No. 2.)

Chelus, Herdzik, Speyer & Monte, P.C., Buffalo (Thomas P. Kawalec of counsel), for defendant-appellant.

Andruschat Law Firm, Buffalo (Timothy J. Andruschat of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (John B. Licata, J.), entered March 23, 2022. The order, among other things, denied defendants' motions seeking to vacate the note of issue and certificate of readiness.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 1, 2022,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Peradotto, J.P., Lindley, Bannister, Montour and Ogden, JJ. [Prior Case History: 75 Misc 3d 249.]