BOARD OF TRUSTEES FOR SERVICE EMPLO v. BONADIO & CO., LLP ( 2016 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 243/14 CA 13-01608 PRESENT: SCUDDER, P.J., SMITH, CARNI, AND LINDLEY, JJ. BOARD OF TRUSTEES, FOR AND ON BEHALF OF SERVICE EMPLOYEES BENEFIT FUND, PLAINTIFF-RESPONDENT, V ORDER BONADIO & CO., LLP, FORMERLY KNOWN AS LOGUIDICE & KAMIDE, C.P.A., PLLC, AND JOHN/JANE DOES 1-7, INDIVIDUALLY AND AS EMPLOYEES, AGENTS, REPRESENTATIVES AND/OR SERVANTS OF BONADIO & CO., LLP, DEFENDANTS-APPELLANTS. GOLDBERG SEGALLA LLP, ALBANY (JONATHAN M. BERNSTEIN OF COUNSEL), FOR DEFENDANTS-APPELLANTS. SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (STEVEN W. WILLIAMS OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered November 14, 2012. The order, insofar as appealed from, denied in part the motion of defendants to dismiss plaintiff’s first amended complaint. Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties and filed with the Court on December 11, 2015, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: February 11, 2016 Frances E. Cafarell Clerk of the Court