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Nortz v. Michigan Millers Mutual Ins. Co.

Supreme Court of New York, Fourth Department

September 27, 2013

SCOTT R. NORTZ, AS EXECUTOR OF THE ESTATE OF RICHARD J. BROWN, DECEASED, INDIVIDUALLY AND DOING BUSINESS AS GOLD CUP FARMS, INC., AND THOUSAND ISLANDS CHEESE, LLC, PLAINTIFF-APPELLANT,
v.
MICHIGAN MILLERS MUTUAL INSURANCE COMPANY, DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Jefferson County (James P. McClusky, J.), entered August 1, 2012. The order, insofar as appealed from, granted the motion of defendant to compel appraisal.

BRINDISI, MURAD, BRINDISI, PEARLMAN, JULIAN & PERTZ, LLP, UTICA (RICHARD PERTZ OF COUNSEL), FOR PLAINTIFF-APPELLANT.

COSTELLO, COONEY & FEARON, PLLC, CAMILLUS (SHANNON R. BECKER OF COUNSEL), FOR DEFENDANT-RESPONDENT.

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, AND LINDLEY, JJ.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on May 29 and June 6, 2013 and filed in the Jefferson County Clerk's Office on June 11, 2013,

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


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