Opinion
No. CA 11-01089.
September 30, 2011.
Appeal and cross appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J), entered April 19, 2011. The order, among other things, denied plaintiffs' motion for summary judgment and denied defendants' motion to dismiss plaintiffs' complaint.
HANDELMAN, WITKOWICZ LEVITSKY, ROCHESTER (STEVEN M. WITKOWICZ OF COUNSEL), FOR PLAINTIFFS-APPELLANTS-RESPONDENTS.
GOLDBERG SEGALLA LLP, BUFFALO (THOMAS F. SEGALLA OF COUNSEL), FOR DEFENDANTS-RESPONDENTS-APPELLANTS.
Present — Scudder, P.J., Peradotto, Carni, Gorski and Martoche, JJ.
Now, upon reading and filing the stipulation of withdrawal of appeal signed by the attorneys for the parties on August 4 and 5, 2011,
It is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs upon stipulation.