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MATTER OF WITKOWSKI v. HS 570, INC.

398 CA 22-00390.

218 A.D.3d 1230 (2023)

193 N.Y.S.3d 849

2023 NY Slip Op 04019

In the Matter of Mark Steven Witkowski, as Trustee of the Eva C. Smith Memorial Trust for the Benefit of Beth L. Hoskins, et al., Appellants, v. HS 570, Inc., et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 28, 2023.

Attorney(s) appearing for the Case

ADAMS LECLAIR LLP, ROCHESTER (ANTHONY J. ADAMS, JR., OF COUNSEL), FOR PETITIONERS-APPELLANTS.

HODGSON RUSS LLP, BUFFALO (JEFFREY C. STRAVINO OF COUNSEL), FOR RESPONDENT-RESPONDENT HS 570, INC.

BARCLAY DAMON, LLP, BUFFALO (JAMES P. MILBRAND OF COUNSEL), FOR RESPONDENT-RESPONDENT JOHN T. HOSKINS, JR.

PHILLIPS LYTLE LLP, BUFFALO (JAMES R. O'CONNOR OF COUNSEL), FOR RESPONDENT-RESPONDENT LIFE STORAGE, INC.

Present—Whalen, P.J., Lindley, Montour, Ogden and Greenwood, JJ.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered February 16, 2022. The order vacated a temporary restraining order and dismissed the petition.

Now, upon reading and filing the stipulation discontinuing the proceeding insofar as it concerns respondent Life Storage, Inc., signed by the attorneys for the parties on February 27, 2023,

It is hereby ordered that the appeal insofar as it concerns respondent Life Storage,...

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