Brennan v Brisbee

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Brennan v Brisbee 2015 NY Slip Op 08297 Decided on November 13, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 13, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.
1192 CA 15-00772

[*1]DENNIS BRENNAN, PLAINTIFF-RESPONDENT,

v

RONALD W. BRISBEE, DEFENDANT-APPELLANT.



HODGSON RUSS LLP, BUFFALO (KARALYN M. ROSSI OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDERS & SANDERS, CHEEKTOWAGA (HARVEY P. SANDERS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.



Appeal from an order of the Supreme Court, Cattaraugus County (Paula L. Feroleto, J.), entered July 1, 2014. The order denied the motion of defendant to dismiss the complaint.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on June 17 and 24, 2015, and filed in the Cattaraugus County Clerk's Office on June 26, 2015,

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

Entered: November 13, 2015

Frances E. Cafarell

Clerk of the Court