PRESNELL, CHASTITY v. NEW YORK CENTRAL MUTUAL INSURANCE

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1319 CA 11-02215 PRESENT: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ.

CHASITY PRESNELL, PLAINTIFF-RESPONDENT, V ORDER NEW YORK CENTRAL MUTUAL INSURANCE COMPANY, DEFENDANT-APPELLANT.

BAXTER SMITH & SHAPIRO, P.C., WEST SENECA (LOUIS B. DINGELDEY, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.

CELLINO & BARNES, BUFFALO (ELLEN B. STURM OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Niagara County (Matthew J. Murphy, III, A.J.), entered September 26, 2011. The order, among other things, granted that part of the motion of plaintiff seeking to compel a further deposition of Jean Ostrander.

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

Entered: March 22, 2013 Frances E. Cafarell Clerk of the Court