Opinion
No. CA 09-01412.
March 26, 2010.
Appeal from a judgment of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered April 13, 2009. The judgment, inter alia, adjudged that counterclaim plaintiff recover a specified sum from counterclaim defendant as the penalty for civil contempt.
GOLDBERG WEPRIN FINKEL GOLDSTEIN LLP, NEW YORK CITY (MATTHEW HEARLE OF COUNSEL), FOR COUNTERCLAIM DEFENDANT-APPELLANT.
DOUGLAS H. ZAMELIS, MANLIUS, FOR COUNTERCLAIM PLAINTIFF-RESPONDENT.
Present: Centra, J.P., Peradotto, Lindley, Pine and Gorski, JJ.
Now, upon reading and filing the stipulation withdrawing and discontinuing appeals signed by the attorneys for the parties on March 11 and 18, 2010.
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.