SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
March 15, 2013
MARIE M. GARVEY, PLAINTIFF-RESPONDENT,
MEDAMERICA FINGERLAKES LONG TERM CARE INSURANCE COMPANY, DEFENDANT, AND CARESCOUT, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered April 3, 2012.
Garvey v MedAmerica Fingerlakes Long Term Care Ins. Co.
Released on March 15, 2013
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: SMITH, J.P., FAHEY, VALENTINO, WHALEN, AND MARTOCHE, JJ.
The order, insofar as appealed from, denied in part the motion of defendant CareScout to dismiss the amended complaint against it.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on November 27, 2012, and filed in the Erie County Clerk's Office on December 6, 2012, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
Entered: March 15, 2013
Frances E. Cafarell Clerk of the Court
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