North Syracuse Cent. Sch. Dist. v Ashley McGraw Architects, P.C.

North Syracuse Cent. Sch. Dist. v Ashley McGraw Architects, P.C. 2013 NY Slip Op 08783 Released on December 27, 2013 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.

Released on December 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND VALENTINO, JJ.
1399 CA 13-00353

[*1]NORTH SYRACUSE CENTRAL SCHOOL DISTRICT, PLAINTIFF-APPELLANT,

v

ASHLEY MCGRAW ARCHITECTS, P.C., ET AL., DEFENDANTS. -



NEP GLASS CO., LTD., THIRD-PARTY PLAINTIFF,

v

MARC DONAHUE, INDIVIDUALLY AND MJD ASSOCIATES OF C.N.Y. INC., THIRD-PARTY DEFENDANTS-RESPONDENTS.


Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered October 10, 2012. The order denied the motion of plaintiff for leave to amend the complaint and caption.


LINDENFELD LAW FIRM, P.C., CAZENOVIA (HARRIS LINDENFELD OF COUNSEL), FOR PLAINTIFF-APPELLANT.
LAW OFFICES OF THERESA J. PULEO, SYRACUSE (P. DAVID TWICHELL OF COUNSEL), FOR THIRD-PARTY DEFENDANTS-RESPONDENTS. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on November 14 and 22, 2013,


It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
Entered: December 27, 2013
Frances E. Cafarell
Clerk of the Court