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Asd Specialty Healthcare, Inc., Doing Business As Oncology v. J. Robert Smith

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


February 10, 2011

ASD SPECIALTY HEALTHCARE, INC., DOING BUSINESS AS ONCOLOGY
SUPPLY COMPANY, DERIVATIVELY ON BEHALF OF
SYRACUSE HEMATOLOGY/ONCOLOGY, P.C.,
PLAINTIFF-RESPONDENT,
v.
J. ROBERT SMITH, DEFENDANT,
BENJAMIN S. HIMPLER AND ANGELIE ROMAN, DEFENDANTS-APPELLANTS.

Appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered February 22, 2010. The order granted plaintiff's motion for leave to reargue and upon reargument reinstated plaintiff's complaint.

Asd Specialty Healthcare, Inc. v Smith

Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on February 10, 2011

Decided on February 10, 2011

PRESENT: SMITH, J.P., FAHEY, SCONIERS, AND MARTOCHE, JJ.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on January 11, 2011, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: February 10, 2011 Patricia L. Morgan Clerk of the Court

20110210

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