GARVEY, MARIE M. v. MEDAMERICA FINGERLAKES LONG TERM

Opinion

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

39 CA 12-01461 PRESENT: SMITH, J.P., FAHEY, VALENTINO, WHALEN, AND MARTOCHE, JJ.

MARIE M. GARVEY, PLAINTIFF-RESPONDENT,

V ORDER

MEDAMERICA FINGERLAKES LONG TERM CARE INSURANCE COMPANY, DEFENDANT, AND CARESCOUT, DEFENDANT-APPELLANT.

HODGSON RUSS LLP, BUFFALO (STEPHEN W. KELKENBERG OF COUNSEL), FOR DEFENDANT-APPELLANT.

CARNEY & GIALLANZA, BUFFALO (MARY G. CARNEY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

BOND SCHOENECK & KING, SYRACUSE (J.P. WRIGHT OF COUNSEL), FOR DEFENDANT.

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered April 3, 2012. 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