Nortz v. Mich. Millers Mut. Ins. Co.

Full title: Scott R. NORTZ, As Executor of the Estate of Richard J. Brown, Deceased…

Court: Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Sep 27, 2013

109 A.D.3d 1211 (N.Y. App. Div. 2013)

2013 N.Y. Slip Op. 6218

971 N.Y.S.2d 917

Opinion

2013-09-27

Scott R. NORTZ, As Executor of the Estate of Richard J. Brown, Deceased, Individually and Doing Business As Gold Cup Farms, Inc., and Thousand Islands Cheese, LLC, Plaintiff–Appellant, v. MICHIGAN MILLERS MUTUAL INSURANCE COMPANY, Defendant–Respondent.

Appeal from an order of the Supreme Court, Jefferson County (James P. McClusky, J.), entered August 1, 2012. The order, insofar as appealed from, granted the motion of defendant to compel appraisal. Brindisi, Murad, Brindisi, Pearlman, Julian & Pertz, LLP, Utica (Richard Pertz of Counsel), for Plaintiff–Appellant. Costello, Cooney & Fearon, PLLC, Camillus (Shannon R. Becker of Counsel), for Defendant–Respondent.

Appeal from an order of the Supreme Court, Jefferson County (James P. McClusky, J.), entered August 1, 2012. The order, insofar as appealed from, granted the motion of defendant to compel appraisal.
Brindisi, Murad, Brindisi, Pearlman, Julian & Pertz, LLP, Utica (Richard Pertz of Counsel), for Plaintiff–Appellant. Costello, Cooney & Fearon, PLLC, Camillus (Shannon R. Becker of Counsel), for Defendant–Respondent.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on May 29 and June 6, 2013 and filed in the Jefferson County Clerk's Office on June 11, 2013,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

CENTRA, J.P., PERADOTTO, CARNI, and LINDLEY, JJ., concur.