Opinion
No. CA 06-00574.
March 16, 2007.
Appeal from an order of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered February 6, 2006 in a personal injury action. The order, insofar as appealed from, denied plaintiffs cross motion for partial summary judgment and granted in part defendant's cross motion for summary judgment.
THE DIETRICH LAW FIRM, BUFFALO (JOSEPH E. DIETRICH, III, OF COUNSEL), FOR PLAINTIFF-APPELLANT.
HURWITZ FINE, P.C., BUFFALO (MICHAEL F. PERLEY OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present — Hurlbutt, J.P., Martoche, Lunn, Peradotto and Green, JJ.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on December 7, 2006, and filed in the Wyoming County Clerk's Office on December 18, 2006,
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.