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Miserendino, Seegert & Estoff, P.C. v. Celniker

Supreme Court of New York, Fourth Department

July 19, 2013

MISERENDINO, SEEGERT & ESTOFF, P.C., FORMERLY KNOWN AS MISERENDINO, CELNIKER, SEEGERT & ESTOFF, P.C., FORMERLY KNOWN AS MISERENDINO, KRULL & FOLEY, P.C., FORMERLY KNOWN AS MISERENDINO, KRULL & FOLEY, PLAINTIFF-APPELLANT,
v.
PHILIP CELNIKER, JONATHAN D. ESTOFF, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (ACTION NO. 1.) THE MISERENDINO LAW FIRM, P.C., FORMERLY KNOWN AS MISERENDINO, SEEGERT & ESTOFF, P.C., FORMERLY KNOWN AS MISERENDINO, CELNIKER, SEEGERT & ESTOFF, P.C., FORMERLY KNOWN AS MISERENDINO, KRULL & FOLEY, P.C., FORMERLY KNOWN AS KRULL & FOLEY, PLAINTIFF-APPELLANT, WALTER P. SEEGERT, DEFENDANT-RESPONDENT. (ACTION NO. 2.)

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered December 3, 2012. The order, insofar as appealed from, denied the motion of plaintiff to compel defendants Philip Celniker, Jonathan D. Estoff and Walter P. Seegert to produce certain portions of their respective federal and state income tax returns and to compel the forensic examination of certain computers.

UNDERBERG & KESSLER LLP, BUFFALO (THOMAS F. KNAB OF COUNSEL), FOR PLAINTIFF-APPELLANT.

CONNORS & VILARDO, LLP, BUFFALO (RANDALL D. WHITE OF COUNSEL), FOR DEFENDANT-RESPONDENT PHILIP CELNIKER.

HARRIS BEACH PLLC, BUFFALO (RICHARD T. SULLIVAN OF COUNSEL), FOR DEFENDANT-RESPONDENT JONATHAN D. ESTOFF.

MATTAR, D'AGOSTINO & GOTTLIEB, LLP, BUFFALO (LAWRENCE J. MATTAR OF COUNSEL), FOR DEFENDANT-RESPONDENT WALTER P. SEEGERT.

PERSONIUS MELBER LLP, BUFFALO (RODNEY O. PERSONIUS OF COUNSEL), FOR DEFENDANTS, ON THE COUNTERCLAIMS.

PRESENT: SMITH, J.P., CARNI, VALENTINO, AND WHALEN, JJ.

Now, upon the stipulations of discontinuance signed by the attorneys for the parties on June 18, 2013, and filed in the Erie County Clerk's Office on July 12, 2013,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.


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