Opinion
CA 00-02839
February 1, 2002.
Appeal from an order and judgment (one document) of Supreme Court, Erie County (NeMoyer, J.) on November 9, 2000, granting in part defendant's motion for summary judgment.
PHILLIPS, LYTLE, HITCHCOCK, BLAINE HUBER LLP, BUFFALO (ALAN J. BOZER OF COUNSEL), FOR PLAINTIFF-APPELLANT.
KILLEEN KILLEEN, ORCHARD PARK (ALLITHEA E. KILLEEN OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: PINE, J.P., SCUDDER, KEHOE, BURNS, AND GORSKI, JJ.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 6, 2001, it is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.