Matter of Colonial Sur. Co. v Lakeview Advisors, LLC
2012 NY Slip Op 09198 [101 AD3d 1712]
December 28, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 6, 2013


In the Matter of Colonial Surety Company, Appellant, v Lakeview Advisors, LLC, et al., Respondents. In the Matter of Colonial Surety Company, Appellant,
v
Neaverth Enterprises, LLC, et al., Respondents.

—[*1] Underberg & Kessler LLP, Buffalo (Edward P. Yankelunas of counsel), for petitioner-appellant.

Lippes Mathias Wexler Friedman LLP, Buffalo (Thomas J. Gaffney of counsel), for respondent-respondent Resolution Management, LLC.

Law Office of John K. Jordan, Buffalo (John K. Jordan of counsel), for respondents-respondents Neaverth Enterprises, LLC, Arena Development, LLC and Robert J. Goodyear.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered March 15, 2012. The order denied the motion of petitioner for a stay of evidentiary hearings.

Now, upon reading and filing the stipulation to discontinue appeal signed by the attorneys for the parties on October 17, 2012,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Fahey, Sconiers, Valentino and Whalen, JJ.