Opinion
CA 02-02107
February 7, 2003.
Appeal from that part of an order of Supreme Court, Erie County (Mahoney, J.), entered August 7, 2002, that denied in part defendant's motion for summary judgment. Now, upon reading and filing the stipulation withdrawing the appeal signed by the attorneys for the parties on January 2, 2003,
BROWN TARANTINO, LLP, BUFFALO (JEFFREY A. WIECZKOWSKI OF COUNSEL), For Defendant-appellant.
CELLINO BARNES, BUFFALO (GERALD W. SCHAFFER, JR., OF COUNSEL), For Plaintiffs-respondents.
PRESENT: GREEN, J.P., PINE, HURLBUTT, KEHOE, AND HAYES, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.