Midland Funding, LLC v Gunsalus

Midland Funding, LLC v Gunsalus 2016 NY Slip Op 06610 Decided on October 7, 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 October 7, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., CENTRA, NEMOYER, TROUTMAN, AND SCUDDER, JJ.
854 CA 15-01910

[*1]MIDLAND FUNDING, LLC, AS PURCHASER OF WEBBANK, PLAINTIFF-RESPONDENT,

v

GLIEE GUNSALUS, DEFENDANT-APPELLANT.

DAVID M. KAPLAN, PENFIELD, FOR DEFENDANT-APPELLANT.

FORSTER & GARBUS, LLP, COMMACK (VALERIE E. WATTS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered August 5, 2015. The order denied the motion of defendant for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on April 6, 2016, and filed in the Ontario County Clerk's Office on May 9, 2016,

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

Entered: October 7, 2016

Frances E. Cafarell

Clerk of the Court