Opinion
No. CA 07-02630.
October 10, 2008.
Appeal and cross appeal from an amended order of the Supreme Court, Erie County (John A. Michalek, J.), entered May 22, 2007. The amended order granted in part defendants' motion for summary judgment.
HARRINGTON, OCKO MONK, LLP, WHITE PLAINS (I. PAUL HOWANSKY OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS.
LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.
Before: Scudder, P.J., Hurlbutt, Centra, Fahey and Peradotto, JJ.
Now, upon reading and filing the stipulation withdrawing and discontinuing the appeal and cross appeal signed by the attorneys for the parties and filed October 8, 2008,
It is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs upon stipulation.