Opinion
CA 02-01013
December 30, 2002.
Appeal from an order of Supreme Court, Erie County (O'Donnell, J.), entered April 29, 2002, which denied the motion of Industrial Medicine Associates, P.C. to intervene.
FISCHBEIN BADILLO WAGNER HARDING, NEW YORK (GARY M. FELLNER OF COUNSEL), FOR APPELLANT.
NAPIER, FITZGERALD KIRBY, BUFFALO (BRIAN P. FITZGERALD OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (MICHAEL J. RUSSO OF COUNSEL), FOR DEFENDANTS.
PRESENT: WISNER, J.P., HURLBUTT, SCUDDER, GORSKI, AND LAWTON, JJ.
ORDER
Now, upon reading and filing the stipulation signed by the attorneys for the parties on November 4, 2002,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.