Opinion
CA 05-00903.
Decided November 10, 2005.
Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered November 8, 2004. The order, inter alia, denied defendants' motion to preclude plaintiff from presenting certain evidence at trial.
JAMES D. GAUTHIER, ATTORNEY AT LAW, BUFFALO (JAMES D. GAUTHIER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
STASIA ZOLADZ VOGEL, DERBY, FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: GREEN, J.P., GORSKI, SMITH, LAWTON, AND HAYES, JJ.
ORDER
Now, upon the stipulation of discontinuance signed by the attorneys for the parties and filed in the Erie County Clerk's Office on September 16, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.