Perkins v Colombo

Perkins v Colombo 2016 NY Slip Op 06317 Decided on September 30, 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 September 30, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., LINDLEY, CURRAN, TROUTMAN, AND SCUDDER, JJ.
703 CA 15-02004

[*1]BRITTANY PERKINS, PLAINTIFF-RESPONDENT,

v

SHARON E. COLOMBO, FORMERLY KNOWN AS SHARON E. BAILEY, ET AL., DEFENDANTS, CORBRITT MANAGEMENT SERVICES, INC., AND DAVID STASAITIS, INDIVIDUALLY AND AS CEO OF CORBRITT MANAGEMENT SERVICES, INC., DEFENDANTS-APPELLANTS.

FELDMAN KIEFFER, LLP, BUFFALO (CHRISTOPHER E. WILKINS OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

LIPSITZ & PONTERIO, LLC, BUFFALO (KATHLEEN A. BURR OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

BENNETT SCHECHTER ARCURI & WILL, LLP, BUFFALO (PAULINE C. WILL OF COUNSEL), FOR DEFENDANT PATRICIA MELROSE.

EPSTEIN GIALLEONARDO & HARTFORD, GETZVILLE (JENNIFER V. SCHIFFMACHER OF COUNSEL), FOR DEFENDANT BRUCE MACMASTER.

THE LEGAL AID SOCIETY OF ROCHESTER, ROCHESTER (MARK S. MUOIO OF COUNSEL), FOR DEFENDANT GERALDINE COLEMAN.

MCGIVNEY & KLUGER, P.C., SYRACUSE (ERIC M. GERNANT, II, OF COUNSEL), FOR DEFENDANT NANCY MCGINN.

Appeal from an order of the Supreme Court, Monroe County (John J. Ark, J.), entered February 10, 2015. The order denied the motion of defendants Corbritt Management Services, Inc. and David Stasaitis, individually and as CEO of Corbritt Management Services, Inc., to dismiss the complaint against them.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on May 25, 2016, and filed in the Monroe County Clerk's Office on July 15, 2016,

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

Entered: September 30, 2016

Frances E. Cafarell

Clerk of the Court