DALE GARDNER AND SHERRY GARDNER PLAINTIFFS RESPONDENTS v. STIVERS SENECA MARINE INC ROBERT STIVERS AND ROBERT BLOOD DEFENDANTS APPELLANTS (2012)

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

DALE M. GARDNER AND SHERRY GARDNER, PLAINTIFFS–RESPONDENTS, v. STIVERS SENECA MARINE, INC., ROBERT STIVERS, AND ROBERT J. BLOOD, DEFENDANTS–APPELLANTS.

CA 11–01783

Decided: June 08, 2012

PRESENT: SCUDDER, P.J., SMITH, SCONIERS, GORSKI, AND MARTOCHE, JJ.

DAVIDSON FINK LLP, ROCHESTER (PAUL D. KELLY OF COUNSEL), FOR DEFENDANTS–APPELLANTS STIVERS SENECA MARINE, INC. AND ROBERT STIVERS. HURWITZ & FINE, P.C., BUFFALO (TODD C. BUSHWAY OF COUNSEL), FOR DEFENDANT–APPELLANT ROBERT J. BLOOD. LAW OFFICES OF JAMES MORRIS, BUFFALO (WILLARD M. POTTLE, JR., OF COUNSEL), FOR PLAINTIFFS–RESPONDENTS.

ORDER

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for plaintiffs and defendants Stivers Seneca Marine, Inc. and Robert Stivers on October 11, 2011, and upon reading the stipulation of discontinuance signed by the attorneys for plaintiffs and defendant Robert J. Blood on October 4, 2011 and filed in the Ontario County Clerk's Office on February 24, 2012,

It is hereby ORDERED that said appeals are dismissed without costs upon stipulation.

All concur except Gorski, J., who is not participating.

Frances E. Cafarell

Clerk of the Court

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