Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered August 27, 2010.
Gleneagles Shopping Ctr. Plano, Tx. Ltd. Partnership v Fitness Evolution, L.P.
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 April 29, 2011
PRESENT: SMITH, J.P., FAHEY, CARNI, LINDLEY, AND GORSKI, JJ.
The order granted the motion of defendants Fitness Evolution, L.P. and Joseph S. Mulroy to dismiss the complaint.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 1, 2011,
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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