VITRAN EXPRESS, INC. v. F&W TRANSPORT SERVICES, INC.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 12-01558 PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.

VITRAN EXPRESS, INC., DOING BUSINESS AS PJAX FREIGHT SYSTEM, PLAINTIFF-APPELLANT, V ORDER F&W TRANSPORT SERVICES, INC., DEFENDANT-RESPONDENT.

KLAPPER & FASS, WHITE PLAINS (DANIEL A. FASS OF COUNSEL), FOR PLAINTIFF-APPELLANT.

LAW OFFICES OF MONTE J. ROSENSTEIN, P.C., MIDDLETOWN (MONTE J.

ROSENSTEIN OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered July 15, 2011. The order granted the motion of defendant to vacate a default judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 26, 2013, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: April 26, 2013 Frances E. Cafarell Clerk of the Court