ROBERT WINTERMUTE PLAINTIFF RESPONDENT v. PALONE ENTERPRISES LLC DEFENDANT APPELLANT ET AL DEFENDANTS (2024)

Supreme Court, Appellate Division, Fourth Department, New York.

ROBERT WINTERMUTE, PLAINTIFF-RESPONDENT, v. PALONE ENTERPRISES, LLC, DEFENDANT-APPELLANT, ET AL., DEFENDANTS.

611 Decided: February 02, 2024

PRESENT: WHALEN, P.J., CURRAN, MONTOUR, OGDEN, AND DELCONTE, JJ.

BARCLAY DAMON LLP, ROCHESTER (DAVID M. FULVIO OF COUNSEL), FOR DEFENDANT-APPELLANT. LAW OFFICES OF KENNETH HILLER, PLLC, AMHERST (TIMOTHY E. HILLER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

ORDER

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 26 and November 13, 2023,

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

Entered: February 2, 2024

Ann Dillon Flynn

Clerk of the Court

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