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Mitchell v. Woods Oviatt Gilman, LLP

136 A.D.3d 1313 Court N.Y. App. Div. Decision date 2016-02-05 Docket Appeal No. 2 English

Judges Present — Centra, J.P., Peradotto, Lindley, DeJoseph and Scudder, JJ.

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Majority

p. 1313
Dontie S. Mitchell, Appellant, v Woods Oviatt Gilman, LLP, et al., Respondents.
(Appeal No. 2.)
[24 NYS3d 563]—
p. 1314
Appeal from an order of the Supreme Court, Cayuga County (Thomas G. Leone, A.J.), entered December 23, 2014. The order denied plaintiff’s motion seeking, inter alia, to strike defendants’ answer.

Now, upon reading and filing the stipulation of discontinuance signed by the plaintiff on November 27, 2015 and by the attorney for the defendants on December 3, 2015,

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

Present — Centra, J.P., Peradotto, Lindley, DeJoseph and Scudder, JJ.