SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 30, 2009
HOME THERAPY EQUIPMENT, INC., PLAINTIFF-RESPONDENT,
BRENDA LEE HART, DEFENDANT-APPELLANT, ET AL., DEFENDANT.
Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered May 14, 2009. The order, insofar as appealed from, granted in part plaintiff's motion seeking a preliminary injunction to enforce a restrictive covenant contained in an employment agreement.
PRESENT: HURLBUTT, J.P., PERADOTTO, CARNI, PINE, AND GORSKI, JJ.
Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties on November 16 and 19, 2009, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
Patricia L. Morgan Clerk of the Court
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