LOUER, MARK v. BERSANI, KATHLEEN H.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 103 CA 12-01358 PRESENT: SCUDDER, P.J., FAHEY, LINDLEY, VALENTINO, AND MARTOCHE, JJ. MARK W. LOUER, PLAINTIFF-APPELLANT, V ORDER KATHLEEN H. BERSANI, AS EXECUTRIX OF THE ESTATE OF FRANK A. BERSANI, JR., DECEASED, DEFENDANT-RESPONDENT. THE WLADIS LAW FIRM, P.C., SYRACUSE (KEVIN C. MURPHY OF COUNSEL), FOR PLAINTIFF-APPELLANT. HISCOCK & BARCLAY, LLP, SYRACUSE (ROBERT A. BARRER OF COUNSEL), FOR DEFENDANT-RESPONDENT. Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered November 3, 2011. The order, among other things, granted the cross motion of defendant for summary judgment dismissing the complaint. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on January 11 and 25, 2013, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: February 1, 2013 Frances E. Cafarell Clerk of the Court