Oneida Indian Nation v Hunt Constr. Group, Inc.

Oneida Indian Nation v Hunt Constr. Group, Inc. 2010 NY Slip Op 03602 [72 AD3d 1573] 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

Oneida Indian Nation, Respondent-Appellant,
v
Hunt Construction Group, Inc., Appellant-Respondent.

—[*1] Hancock & Estabrook, LLP, Syracuse (John G. Powers of counsel), for defendant-appellant-respondent.

Mackenzie Hughes LLP, Syracuse (W. Bradley Hunt of counsel), for plaintiff-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered March 13, 2009 in an action for breach of contract. The order granted in part the motion of plaintiff to dismiss certain amended counterclaims.

Now, upon reading and filing the stipulation of discontinuance of appeals signed by the attorneys for the parties on April 2, 2010,

It is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs upon stipulation. Present—Martoche, J.P., Centra, Fahey, Peradotto and Pine, JJ.