Opinion
CA 02-02021
June 13, 2003.
Appeal from an order of Supreme Court, Erie County (Makowski, J.), entered November 27, 2001, which, inter alia, denied plaintiffs' motion for summary judgment.
O'SHEA, REYNOLDS CUMMINGS, BUFFALO (MICHELLE PARKER OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
ALLEN LIPPES, BUFFALO (JAMES F. ALLEN OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: PINE, J.P., HURLBUTT, KEHOE, GORSKI, AND HAYES, JJ.
ORDER
Now, upon reading and filing the stipulation to discontinue the appeal signed by the attorneys for the parties on May 5, 2003,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.