Francis v Szczepanski

Francis v Szczepanski 2016 NY Slip Op 07533 Decided on November 10, 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 November 10, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., PERADOTTO, NEMOYER, CURRAN, AND TROUTMAN, JJ.
988 CA 16-00362

[*1]STEPHEN P. FRANCIS, DOING BUSINESS AS EXTREME REALITY BUILDERS, PLAINTIFF-RESPONDENT,

v

CHRISTOPHER SZCZEPANSKI, ET AL., DEFENDANTS, AND NBT BANK, DEFENDANT-APPELLANT.

HINMAN, HOWARD & KATTELL, LLP, BINGHAMTON (DANIEL R. NORTON OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRYE & CARBONE LLC, UTICA (RICHARD A. FRYE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

TOD M. LASCURETTES, UTICA, FOR DEFENDANT CHRISTOPHER SZCZEPANSKI.

Appeal from an order of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered June 3, 2015. The order, among other things, denied in part the motion of defendant NBT Bank to dismiss the complaint against it.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on August 8, 2016, and filed in the Oneida County Clerk's Office on September 20, 2016,

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

Entered: November 10, 2016

Frances E. Cafarell

Clerk of the Court