Opinion
No. CA 09-01553.
December 30, 2009.
Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered July 15, 2009 in a breach of contract action. The order, inter alia, granted the motion of plaintiff to take the oral deposition of a nonparty.
CULLEY, MARKS, TANENBAUM PEZZULO, LLP, ROCHESTER (FRANK G. MONTEMALO OF COUNSEL), FOR DEFENDANT-APPELLANT.
EVANS FOX LLP, ROCHESTER (RICHARD J. EVANS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present: Smith, J.P., Fahey, Carni and Green, JJ.
Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on October 14, 2009,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.