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William J. Babcock, Jr. and William J. Babcock, Jr., As Executor of the Estate of Lorna F. Babcock, Deceased v. H. Robert Schoenberger

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


March 15, 2013

WILLIAM J. BABCOCK, JR. AND WILLIAM J. BABCOCK, JR., AS EXECUTOR OF THE ESTATE OF LORNA F. BABCOCK, DECEASED,
PLAINTIFFS-APPELLANTS,
v.
H. ROBERT SCHOENBERGER,
DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered June 7, 2011.

Babcock v Schoenberger

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.

Released on March 15, 2013

PRESENT: SCUDDER, P.J., CENTRA, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

The order, inter alia, denied the motion of plaintiffs for summary judgment.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on February 14 and 15, 2013,

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

20130315

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