Opinion
CA 03-00587
October 2, 2003.
Appeal from an order of Supreme Court, Monroe County (Bergin, J.), entered June 11, 2002, which denied defendant's motion for summary judgment dismissing the complaint.
CONNORS CORCORAN, LLP, ROCHESTER (CHERYL LORIA-DINOLFO OF COUNSEL), FOR DEFENDANT-APPELLANT.
MERKEL MERKEL, ROCHESTER (DAVID A. MERKEL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, GORSKI, AND LAWTON, JJ.
ORDER
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on September 10 and 15, 2003, and filed in the Monroe County Clerk's Office on September 25, 2003,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.