Opinion
CA 03-01108.
November 21, 2003.
Appeal and cross appeal from an order of Supreme Court, Onondaga County (Carni, J.), entered February 3, 2003, which, inter alia, denied defendant's motion for summary judgment dismissing the complaint.
Law Office of Michael G. Donnelly, North Syracuse (Michael G. Donnelly of Counsel), for Defendant-Appellant-Respondent.
Edward Z. Menkin, Syracuse, for Plaintiff-Respondent-Appellant.
Before: Present: Green, J.P., Wisner, Hurlbutt, Kehoe, and Hayes, JJ.
ORDER
Now, upon reading and filing the stipulation discontinuing action signed by the attorneys for the parties on September 23, 2003,
It is hereby ORDERED that said appeal and cross appeal be and the same hereby are unanimously dismissed without costs upon stipulation.