Rios v Shepter

Rios v Shepter 2018 NY Slip Op 08888 Decided on December 21, 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 December 21, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.
1481 CA 18-01134

[*1]JAVIER RIOS, PLAINTIFF-RESPONDENT,

v

LEE SHEPTER AND GAIL SHEPTER, DEFENDANTS-APPELLANTS.

OSBORN REED & BURKE, LLP, ROCHESTER (CHRISTIAN C. CASINI OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

LIPSITZ & PONTERIO, LLC, BUFFALO (ANNE E. JOYNT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Monroe County (John J. Ark, J.), entered September 25, 2017. The order denied defendants' motion for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on October 29, 2018, and filed in the Monroe County Clerk's Office on November 2, 2018,

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

Entered: December 21, 2018

Mark W. Bennett

Clerk of the Court