*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 94

CA 14-01178

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND DEJOSEPH, JJ. PHILADELPHIA INDEMNITY INSURANCE COMPANY, AS

SUBROGEE OF CATHOLIC CHARITIES OF THE DIOCESE

OF ROCHESTER, PLAINTIFF-RESPONDENT,

V ORDER DAVIS-ULMER SPRINKLER COMPANY, INC.,

DEFENDANT-APPELLANT.

PHILLIPS LYTLE LLP, BUFFALO (KEVIN J. ENGLISH OF COUNSEL), FOR DEFENDANT-APPELLANT.

ROSNER NOCERA & RAGONE, LLP, NEW YORK CITY (ELIOT L. GREENBERG OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered April 4, 2014. The order denied the motion of defendant to dismiss the complaint.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on January 30 and February 17, 2015, and filed in the Monroe County Clerk’s Office on March 11, 2015,

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

Entered: March 27, 2015 Frances E. Cafarell

Clerk of the Court