Opinion
CA 02-02389
May 2, 2003.
Appeal from an order of Supreme Court, Erie County (Cosgrove, J.), entered August 5, 2002, which denied defendant's motions to dismiss the complaint and for costs and sanctions and directed defendant to serve an answer.
LIPSITZ, GREEN, FAHRINGER, ROLL, SALISBURY CAMBRIA, LLP, BUFFALO (RICHARD D. FURLONG OF COUNSEL), FOR DEFENDANT-APPELLANT.
SARGENT COLLINS, LLP, WILLIAMSVILLE (RICHARD G. COLLINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, LAWTON, AND HAYES, JJ.
ORDER
Now, upon reading and filing the stipulation to withdraw appeal signed by the attorneys for the parties on February 3, 2003,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.