TRG ADVISORS INC FORMERLY KNOWN AS FINANCIAL SECURITIES INC TOUCHSTONE RETIREMENT GROUP LLC TOUCHSTONE TRPC LLC WATSON INC AND CANDYCE WATSON AS TRUSTEE OF WATSON INC 401 PLAN PLAINTIFFS APPELLANTS v. APPEAL NO (2013)

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

TRG ADVISORS, INC., FORMERLY KNOWN AS P & A FINANCIAL SECURITIES, INC., TOUCHSTONE RETIREMENT GROUP, LLC, TOUCHSTONE–TRPC, LLC, R.J. WATSON, INC. AND CANDYCE WATSON, AS TRUSTEE OF R.J. WATSON, INC. 401(K) PLAN, PLAINTIFFS–APPELLANTS, v. P & A RETIREMENT PLAN SERVICES, INC., P & A ADMINISTRATIVE SERVICES, INC., MICHAEL A. RIZZO AND JOSEPH PRISELAC, JR., DEFENDANTS–RESPONDENTS. (APPEAL NO. 1.)

CA 12–01124

Decided: April 26, 2013

PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND MARTOCHE, JJ.

ZDARSKY, SAWICKI & AGOSTINELLI LLP, BUFFALO (JOSEPH E. ZDARSKY OF COUNSEL), FOR PLAINTIFFS–APPELLANTS. MATTAR, D'AGOSTINO & GOTTLIEB, LLP, BUFFALO (LAWRENCE J. MATTAR OF COUNSEL), FOR DEFENDANTS–RESPONDENTS.

ORDER

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on January 23, 2013, and filed in the Erie County Clerk's Office on January 29, 2013,

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

Frances E. Cafarell

Clerk of the Court

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