Northman v Sam-son Distrib. Ctr., Inc.

Northman v Sam-son Distrib. Ctr., Inc. 2016 NY Slip Op 06386 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: PERADOTTO, J.P., CARNI, DEJOSEPH, NEMOYER, AND CURRAN, JJ.
833 CA 15-02143

[*1]STEVEN E. NORTHMAN, PLAINTIFF-RESPONDENT,

v

SAM-SON DISTRIBUTION CENTER, INC., SAM-SON DISTRIBUTION CENTER WEST, INC., DEFENDANTS-APPELLANTS, CALYPSO DEVELOPMENT OF WESTERN NEW YORK, INC., ET AL., DEFENDANTS.

GOLDBERG SEGALLA LLP, BUFFALO (MICHAEL J. GALLAGHER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

WOODS OVIATT GILMAN LLP, BUFFALO (WILLIAM F. SAVINO OF COUNSEL), AND BARCLAY DAMON LLP, FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered February 27, 2015. The order, among other things, stayed the pending arbitration between the parties.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on June 29, 2016, and filed in the Erie County Clerk's Office on June 30, 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