DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL INC TRUST 2005 HE7 MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007 HE7 PLAINTIFF RESPONDENT v. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE ET AL DEFENDANTS (2018)

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

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC.TRUST 2005–HE7, MORTGAGE PASS–THROUGH CERTIFICATES, SERIES 2007–HE7, PLAINTIFF–RESPONDENT, v. CHRISTINE M. BATCHO, DEFENDANT–APPELLANT, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, ET AL., DEFENDANTS.

CA 17–01211

Decided: February 09, 2018

PRESENT: WHALEN, P.J., SMITH, CARNI, TROUTMAN, AND WINSLOW, JJ.

CENTER FOR ELDER LAW & JUSTICE, BUFFALO (DANIEL WEBSTER OF COUNSEL), FOR DEFENDANT–APPELLANT. LEOPOLD & ASSOCIATES, PLLC, ARMONK (ERIN E. WIETECHA OF COUNSEL), FOR PLAINTIFF–RESPONDENT.

ORDER

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for plaintiff and defendant-appellant on January 16 and 22, 2018,

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

Mark W. Bennett

Clerk of the Court

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