Opinion
CA 02-01566
December 30, 2002.
Appeal from an order of Supreme Court, Erie County (Makowski, J.), entered March 21, 2002, which denied defendant's motion for partial summary judgment.
GRESENS GILLEN LLP, BUFFALO (PATRICIA GILLEN OF COUNSEL), FOR DEFENDANT-APPELLANT.
DUKE, HOLZMAN, YAEGER PHOTIADIS LLP, BUFFALO (CHARLES C. RITTER, JR., OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., WISNER, SCUDDER, KEHOE, AND GORSKI, JJ.
ORDER
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 15, 2002,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.