MISERENDINO SEEGERT ESTOFF FORMERLY KNOWN AS MISERENDINO CELNIKER SEEGERT ESTOFF FORMERLY KNOWN AS MISERENDINO KRULL FOLEY FORMERLY KNOWN AS MISERENDINO KRULL FOLEY PLAINTIFF APPELLANT v. PHILIP CELNIKER JONATHAN ESTOFF DEFENDANTS RESPONDENTS ET AL DEFENDANTS ACTION NO

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

MISERENDINO, SEEGERT & ESTOFF, P.C., FORMERLY KNOWN AS MISERENDINO, CELNIKER, SEEGERT & ESTOFF, P.C., FORMERLY KNOWN AS MISERENDINO, KRULL & FOLEY, P.C., FORMERLY KNOWN AS MISERENDINO, KRULL & FOLEY, PLAINTIFF–APPELLANT, v. PHILIP CELNIKER, JONATHAN D. ESTOFF, DEFENDANTS–RESPONDENTS, ET AL., DEFENDANTS.  (ACTION NO. 1.)

THE MISERENDINO LAW FIRM, P.C., FORMERLY KNOWN AS MISERENDINO, SEEGERT & ESTOFF, P.C., FORMERLY KNOWN AS MISERENDINO, CELNIKER, SEEGERT & ESTOFF, P.C., FORMERLY KNOWN AS MISERENDINO, KRULL & FOLEY, P.C., FORMERLY KNOWN AS KRULL & FOLEY, PLAINTIFF–APPELLANT, v. WALTER P. SEEGERT, DEFENDANT–RESPONDENT.  (ACTION NO. 2.)

CA 12–02394

Decided: July 19, 2013

PRESENT:  SMITH, J.P., CARNI, VALENTINO, AND WHALEN, JJ. UNDERBERG & KESSLER LLP, BUFFALO (THOMAS F. KNAB OF COUNSEL), FOR PLAINTIFF–APPELLANT. CONNORS & VILARDO, LLP, BUFFALO (RANDALL D. WHITE OF COUNSEL), FOR DEFENDANT–RESPONDENT PHILIP CELNIKER. HARRIS BEACH PLLC, BUFFALO (RICHARD T. SULLIVAN OF COUNSEL), FOR DEFENDANT–RESPONDENT JONATHAN D. ESTOFF. MATTAR, D'AGOSTINO & GOTTLIEB, LLP, BUFFALO (LAWRENCE J. MATTAR OF COUNSEL), FOR DEFENDANT–RESPONDENT WALTER P. SEEGERT. PERSONIUS MELBER LLP, BUFFALO (RODNEY O. PERSONIUS OF COUNSEL), FOR DEFENDANTS, ON THE COUNTERCLAIMS.

ORDER

Now, upon the stipulations of discontinuance signed by the attorneys for the parties on June 18, 2013, and filed in the Erie County Clerk's Office on July 12, 2013,

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

Frances E. Cafarell

Clerk of the Court