Opinion
CA 04-02996.
Decided June 10, 2005.
Appeal from an order of the Supreme Court, Monroe County (Andrew V. Siracuse, J.), entered October 15, 2004. The order denied the motion of third-party defendant for summary judgment dismissing the third-party complaint.
OSBORN, REED BURKE, LLP, ROCHESTER (JEFFREY M. WILKENS OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.
PHILLIPS LYTLE, LLP, ROCHESTER (MICHAEL R. LAW OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
HISCOCK BARCLAY, LLP, ROCHESTER (THOMAS B. CRONMILLER OF COUNSEL), FOR THIRD-PARTY PLAINTIFFS-RESPONDENTS.
PRESENT: GREEN, J.P., SCUDDER, GORSKI, PINE, AND LAWTON, JJ.
ORDER
Now, upon reading and filing the stipulation discontinuing the appeal signed by the attorneys for the parties on May 4 and 6, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.