Opinion
CA 03-00300.
November 21, 2003.
Appeal from an order of Supreme Court, Erie County (Mahoney, J.), entered November 4, 2002, which, inter alia, denied the summary judgment motion of defendant Darryl Smith, also known as Daryl Smith, an infant over the age of 14, by his guardians, Montez Smith and Brenda Rivera, seeking dismissal of the complaint against him.
Hiscock Barclay, LLP, Buffalo (Heather A. Johnson of Counsel), for Defendant-Appellant.
Sakowski Markello, Elma (Jeffrey P. Markello of Counsel), for Plaintiffs-Respondents.
Before: Present: Pigott, Jr., P.J., Pine, Scudder, Gorski, and Lawton, JJ.
ORDER
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 21, 2003,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.