Opinion
CA 03-02397.
Decided April 30, 2004.
Appeal from an order of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered May 7, 2003. The order, insofar as appealed from, denied in part plaintiff's motion for summary judgment and to dismiss certain affirmative defenses.
ROEMER WALLENS MINEAUX LLP, ALBANY (MARY M. ROACH OF COUNSEL), FOR PLAINTIFF-APPELLANT.
CREIGHTON, PEARCE, JOHNSEN GIROUX, BUFFALO (E. JOSEPH GIROUX, JR., OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Before: PRESENT: GREEN, J.P., WISNER, HURLBUTT, KEHOE, AND LAWTON, JJ.
Now, upon reading and filing the stipulation of withdrawal signed by the attorneys for the parties and filed on March 24, 2004.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.