Matter of Gaffney v Chiacchia & Fleming, Llp

Bankruptcy Estate of Quinn v Chiacchia & Fleming, LLP 2010 NY Slip Op 03533 [72 AD3d 1489] April 30, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 9, 2010

Bankruptcy Estate of Thomas M. Quinn, by Thomas J. Gaffney, Esq., Bankruptcy Trustee, Respondent, v Chiacchia & Fleming, LLP, et al., Appellants.

—[*1] Hurwitz & Fine, P.C., Buffalo (Earl K. Cantwell of counsel), for defendants-appellants.

Lewis & Lewis, P.C., Buffalo (Allan M. Lewis of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered April 22, 2009 in a legal malpractice action. The order, insofar as appealed from, denied in part defendants' motion for summary judgment.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on February 3, 2010,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Centra, Carni and Pine, JJ.