Opinion
CA 02-02439
March 21, 2003.
Appeal from an order and judgment (one document) of Supreme Court, Erie County (Glownia, J.), entered January 4, 2002, which, inter alia, granted plaintiff's motion for summary judgment on the issue of liability.
HAGELIN BISCHOF, LLC, BUFFALO (ERIC R. ZIOBRO OF COUNSEL), FOR DEFENDANT-APPELLANT.
HISCOCK BARCLAY SAPERSTON DAY, BUFFALO (GERALD J. WHALEN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., WISNER, SCUDDER, BURNS, AND GORSKI, JJ.
ORDER
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on November 14, 2002, and filed in the Erie County Clerk's Office on November 21, 2002, It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.