NORTZ, SCOTT R. v. MICHIGAN MILLERS MUTUAL INSURANCE C

Opinion

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

995 CA 13-00014 PRESENT: CENTRA, J.P., PERADOTTO, CARNI, AND LINDLEY, JJ.

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 ORDER

MICHIGAN MILLERS MUTUAL INSURANCE COMPANY, DEFENDANT-RESPONDENT.

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.

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.

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.

Entered: September 27, 2013 Frances E. Cafarell Clerk of the Court