Opinion
No. CA 09-00346.
March 19, 2010.
Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered January 12, 2009. The order, inter alia, granted the motion of defendant Philip Morris USA, Inc. to dismiss the complaint against it.
ZDARSKY, SAWICKI AGOSTINELLI LLP, BUFFALO (GERALD T. WALSH OF COUNSEL), FOR PLAINTIFF-APPELLANT.
HARRIS BEACH PLLC, BUFFALO (RICHARD T. SULLIVAN OF COUNSEL), AND ARNOLD PORTER LLP, WASHINGTON, D.C. (KENNETH L. CHERNOF OF COUNSEL), FOR DEFENDANT-RESPONDENT. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties to the appeal on February 3, 2010.
Present: Smith, J.P., Fahey, Carni, Lindley and Sconiers, JJ.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties to the appeal on February 3, 2010.
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.