Cettell v National Fuel Gas Supply Corp.

Cettell v National Fuel Gas Supply Corp. 2018 NY Slip Op 07625 Decided on November 9, 2018 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 November 9, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND NEMOYER, JJ.
1225 CA 18-00773

[*1]RICHARD CETTELL AND JOANN CETTELL, PLAINTIFFS-RESPONDENTS,

v

NATIONAL FUEL GAS SUPPLY CORPORATION, DEFENDANT-APPELLANT.

GOLDBERG SEGALLA LLP, SYRACUSE (MICHAEL RUBIN OF COUNSEL), FOR DEFENDANT-APPELLANT.

DOLCE PANEPINTO, P.C., BUFFALO (MARC C. PANEPINTO OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (Henry J. Nowak, Jr., J.), entered February 9, 2018. The order, among other things, granted plaintiffs' motion for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 8, 2018,

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

Entered: November 9, 2018

Mark W. Bennett

Clerk of the Court