Presnell v. New York Central Mutual Insurance

Appeal from an order of the Supreme Court, Niagara County (Matthew J. Murphy, III, A.J.), entered April 4, 2012. The order denied the motion of defendant to dismiss plaintiffs breach of contract claim.

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. Present — Scudder, P.J., Feradotto, Lindley, Sconiers and Whalen, JJ.