TERENCE WINTERS AND MAUREEN WINTERS PLAINTIFFS RESPONDENTS v. UNILAND DEVELOPMENT CORPORATION UNILAND CONSTRUCTION CORPORATION COZZWILL INC DEFENDANTS AND BUREAU VERITAS CONSUMER PRODUCTS SERVICES INC DEFENDANT APPELLANT

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

TERENCE WINTERS AND MAUREEN WINTERS, PLAINTIFFS–RESPONDENTS, v. UNILAND DEVELOPMENT CORPORATION, UNILAND CONSTRUCTION CORPORATION, COZZWILL, INC., DEFENDANTS, AND BUREAU VERITAS CONSUMER PRODUCTS SERVICES, INC., DEFENDANT–APPELLANT.

CA 11–02457

Decided: April 20, 2012

PRESENT:  SCUDDER, P.J., SMITH, FAHEY, CARNI, AND SCONIERS, JJ. THE LAW OFFICES OF EDWARD M. EUSTACE, WHITE PLAINS (HEATH A. BENDER OF COUNSEL), FOR DEFENDANT–APPELLANT. PAUL WILLIAM BELTZ, P.C., BUFFALO (DEBRA A. NORTON OF COUNSEL), FOR PLAINTIFFS–RESPONDENTS. BROWN & KELLY, LLP, BUFFALO (ANDREW D. MERRICK OF COUNSEL), FOR DEFENDANTS UNILAND DEVELOPMENT CORPORATION AND UNILAND CONSTRUCTION CORPORATION. LIPPMAN O'CONNOR, BUFFALO (GERARD E. O'CONNOR OF COUNSEL), FOR DEFENDANT COZZWILL INC. KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (MELISSA A. FOTI OF COUNSEL), FOR THIRD–PARTY DEFENDANT.

ORDER

Now, upon the stipulation discontinuing action signed by the attorneys for the parties on March 27, 2012, and filed in the Erie County Clerk's Office on March 28, 2012,

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

Frances E. Cafarell

Clerk of the Court