Matter of Univest I Corp. v Skydeck Corp.

Matter of Univest I Corp. v Skydeck Corp. 2016 NY Slip Op 01980 Decided on March 18, 2016 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 18, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., SMITH, CARNI, NEMOYER, AND CURRAN, JJ.
237 CA 15-01317

[*1]IN THE MATTER OF UNIVEST I CORP., DERIVATIVELY ON BEHALF OF 470 PEARL STREET, LLC, PETITIONER-RESPONDENT,

v

SKYDECK CORPORATION, DOING BUSINESS AS PAY2PARK, RESPONDENT-RESPONDENT, BUFFALO DEVELOPMENT CORPORATION, RESPONDENT-APPELLANT, AND 470 PEARL STREET, LLC, RESPONDENT.

THE KNOER GROUP, PLLC, BUFFALO (ROBERT E. KNOER OF COUNSEL), FOR RESPONDENT-APPELLANT.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO (MATTHEW D. MILLER OF COUNSEL), FOR PETITIONER-RESPONDENT.

WOODS OVIATT GILMAN LLP, BUFFALO (WILLIAM F. SAVINO OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered December 1, 2014 in a proceeding pursuant to RPAPL article 7. The order, among other things, denied the motion of respondent Buffalo Development Corporation to dismiss the petition, and granted the petition in part.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on February 4 and 5, 2016, and filed in the Erie County Clerk's Office on February 8, 2016,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: March 18, 2016

Frances E. Cafarell

Clerk of the Court