WESTERN NEW YORK IMMEDIATE MEDICAL v. HEALTHNOW NEW YORK, INC.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 992 CA 14-00263 PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, AND VALENTINO, JJ. WESTERN NEW YORK IMMEDIATE MEDICAL CARE, PLLC, PLAINTIFF-RESPONDENT, V ORDER HEALTHNOW NEW YORK, INC., DOING BUSINESS AS BLUE CROSS BLUE SHIELD OF WESTERN NEW YORK, DEFENDANT-APPELLANT. WEBSTER SZANYI LLP, BUFFALO (MICHAEL P. MCCLAREN OF COUNSEL), FOR DEFENDANT-APPELLANT. NOTARO & LAING, P.C., BUFFALO (LINDA C. LAING OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered December 20, 2013. The order, insofar as appealed from, granted a preliminary injunction enjoining defendant from removing plaintiff from its list of participating providers. Now, upon the stipulation of discontinuance signed by the attorneys for the parties on September 2, 2014, and filed in the Erie County Clerk’s Office on September 3, 2014, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: September 26, 2014 Frances E. Cafarell Clerk of the Court