Portfolio Recovery Assoc., LLC v Fiumano

Portfolio Recovery Assoc., LLC v Fiumano 2016 NY Slip Op 06611 Decided on October 7, 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 October 7, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., CENTRA, NEMOYER, TROUTMAN, AND SCUDDER, JJ.
855 CA 15-01911

[*1]PORTFOLIO RECOVERY ASSOCIATES, LLC, AS PURCHASER OF GE CAPITAL RETAIL BANK, PLAINTIFF-RESPONDENT,

v

SHELLY FIUMANO, DEFENDANT-APPELLANT.

DAVID M. KAPLAN, PENFIELD, FOR DEFENDANT-APPELLANT.

FORSTER & GARBUS, LLP, COMMACK (VALERIE E. WATTS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered August 5, 2015. The order denied the motion of defendant for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on July 1, 2016, and filed in the Ontario County Clerk's Office on July 19, 2016,

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

Entered: October 7, 2016

Frances E. Cafarell

Clerk of the Court