Opinion
CA 02-01739
February 7, 2003.
Appeal from that part of an order of Supreme Court, Erie County (Fahey, J.), entered April 29, 2002, that denied in part defendants' motion for summary judgment dismissing the complaint. Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on December 3, 2002,
FREDERICK A. WOLF, COUNTY ATTORNEY, BUFFALO (GEORGE M. ZIMMERMANN OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
COSTELLO FRENTZEL, GRAND ISLAND (MARK J. FRENTZEL OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
PRESENT: GREEN, J.P., WISNER, SCUDDER, BURNS, AND HAYES, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.