JEFF CONIBER DOING BUSINESS AS JEFF CONIBER TRUCKING PLAINTIFF RESPONDENT v. APPEAL NO (2015)

Supreme Court, Appellate Division, Fourth Department.

JEFF CONIBER, DOING BUSINESS AS JEFF CONIBER TRUCKING, PLAINTIFF–RESPONDENT, v. CENTER POINT TRANSFER STATION, INC., MATTHEW W. LOUGHRY AND KENNETH LOUGHRY, DEFENDANTS–APPELLANTS. (APPEAL NO. 2.)

CA 14–00214

Decided: February 06, 2015

PRESENT: SMITH, J.P., FAHEY, WHALEN, AND DEJOSEPH, JJ.

E. ROBERT FUSSELL, P.C., LEROY (E. ROBERT FUSSELL OF COUNSEL), FOR DEFENDANTS–APPELLANTS. PIRRELLO, MISSAL, PERSONTE & FEDER, ROCHESTER (STEVEN E. FEDER OF COUNSEL), FOR PLAINTIFF–RESPONDENT.

ORDER

Now, upon reading and filing the stipulation signed by the attorneys for the parties and filed on December 18, 2014,

It is hereby ORDERED that said appeal from the order insofar as it denied those parts of the motion for summary judgment seeking to dismiss the second and fifth causes of action is unanimously dismissed upon stipulation and the order is affirmed without costs.

Frances E. Cafarell

Clerk of the Court

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