BABCOCK, JR., WILLIAM J. v. SCHOENBERGER, H. ROBERT ( 2013 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 188 CA 12-00456 PRESENT: SCUDDER, P.J., CENTRA, LINDLEY, SCONIERS, AND MARTOCHE, JJ. WILLIAM J. BABCOCK, JR. AND WILLIAM J. BABCOCK, JR., AS EXECUTOR OF THE ESTATE OF LORNA F. BABCOCK, DECEASED, PLAINTIFFS-APPELLANTS, V ORDER H. ROBERT SCHOENBERGER, DEFENDANT-RESPONDENT. HARRIS BEACH PLLC, PITTSFORD (JOHN A. MANCUSO OF COUNSEL), FOR PLAINTIFFS-APPELLANTS. WOODS OVIATT GILMAN LLP, ROCHESTER (BERYL NUSBAUM OF COUNSEL), FOR DEFENDANT-RESPONDENT. Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered June 7, 2011. The order, inter alia, denied the motion of plaintiffs for summary judgment. Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on February 14 and 15, 2013, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: March 15, 2013 Frances E. Cafarell Clerk of the Court