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Dale M. Gardner and Sherry Gardner, Plaintiffs-Respondents v. Stivers Seneca Marine

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


June 8, 2012

DALE M. GARDNER AND SHERRY GARDNER, PLAINTIFFS-RESPONDENTS,
v.
STIVERS SENECA MARINE, INC., ROBERT STIVERS, AND ROBERT J. BLOOD, DEFENDANTS-APPELLANTS.

Appeals from an order of the Supreme Court, Ontario County (William F. Kocher, A.J.), entered December 7, 2010.

Gardner v Stivers Seneca Mar., Inc.

Decided on June 8, 2012

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.

PRESENT: SCUDDER, P.J., SMITH, SCONIERS, GORSKI, AND MARTOCHE, JJ.

The order denied the motions of defendants for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for plaintiffs and defendants Stivers Seneca Marine, Inc. and Robert Stivers on October 11, 2011, and upon reading the stipulation of discontinuance signed by the attorneys for plaintiffs and defendant Robert J. Blood on October 4, 2011 and filed in the Ontario County Clerk's Office on February 24, 2012,

It is hereby ORDERED that said appeals are dismissed without costs upon stipulation.

All concur except Gorski, J., who is not participating.

Entered: June 8, 2012

Frances E. Cafarell Clerk of the Court

20120608

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