Opinion
No. CA 08-00820.
February 6, 2009.
Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered June 29, 2007. The order denied in part plaintiff's motion for summary judgment.
PHILLIPS LYTLE LLP, ROCHESTER (STEVEN E. LAPRADE OF COUNSEL), FOR PLAINTIFF-APPELLANT.
COUCH DALE PC, LATHAM (KIMBERLEE J. DALE OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present: Scudder, P.J., Hurlbutt, Centra and Gorski, JJ.
Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on December 17, 2008,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.