Opinion
CA 05-00234.
Decided June 10, 2005.
Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered January 25, 2005. The order, insofar as appealed from, upon renewal, denied defendant's motion for summary judgment dismissing the complaint.
GOLDBERG SEGALLA LLP, BUFFALO (ALBERT J. D'AQUINO OF COUNSEL), FOR DEFENDANT-APPELLANT.
CANTOR, LUKASIK, DOLCE PANEPINTO, P.C., BUFFALO (MARK H. CANTOR OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
PRESENT: KEHOE, J.P., GORSKI, SMITH, PINE, AND HAYES, JJ.
ORDER
Now, upon the stipulation withdrawing the appeal that was signed by the attorneys for the parties on May 9, 2005 and filed in the Erie County Clerk's Office on May 26, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.