Opinion
CA 03-02259.
Decided April 30, 2004.
Appeal from an order of the Supreme Court, Erie County (David J. Mahoney, J.), entered June 10, 2003. The order granted plaintiff's motion for partial summary judgment.
ROACH, BROWN, MC CARTHY GRUBER, P.C., BUFFALO (GREGORY T. MILLER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
RUPP, BAASE, PFALZGRAF, CUNNINGHAM COPPOLA, LLC, BUFFALO (R. ANTHONY RUPP OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., GREEN, WISNER, SCUDDER, AND GORSKI, JJ.
ORDER
Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties and filed on February 20, 2004.
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.