Portfolio Recovery Associates, LLC v. Fiumano

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 854 CA 15-01910 PRESENT: WHALEN, P.J., CENTRA, NEMOYER, TROUTMAN, AND SCUDDER, JJ. MIDLAND FUNDING, LLC, AS PURCHASER OF WEBBANK, PLAINTIFF-RESPONDENT, V ORDER GLIEE GUNSALUS, DEFENDANT-APPELLANT. DAVID M. KAPLAN, PENFIELD, FOR DEFENDANT-APPELLANT. FORSTER & GARBUS, LLP, COMMACK (VALERIE E. WATTS OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered August 5, 2015. The order denied the motion of defendant for summary judgment. Now, upon the stipulation of discontinuance signed by the attorneys for the parties on April 6, 2016, and filed in the Ontario County Clerk’s Office on May 9, 2016, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: October 7, 2016 Frances E. Cafarell Clerk of the Court