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Peters & Assoc., Certified Pub. Accountants, P.C. v Upcraft, 2024 NYSlipOp 01466 [225 AD3d 1239]

March 15, 2024

Appellate Division, Fourth Department

[*1]

Peters & Associates, Certified Public Accountants, P.C., Respondent,

v

David Upcraft, Appellant.

Saunders Kahler, LLP, Utica (Merritt S. Locke of counsel), for defendant-appellant.

Sugarman Law Firm, LLP, Syracuse (Cory J. Schoonmaker of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Oneida County (David A. Murad, J.), entered April 14, 2021. The order, insofar as appealed from, denied in part the cross-motion of defendant for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 27 and 29, 2024, It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Lindley, Montour, Ogden and DelConte, JJ..