Opinion
CA 03-00421.
Decided July 9, 2004.
Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered June 25, 2002. The order and judgment, insofar as appealed from, granted in part plaintiff's motion for summary judgment.
FRANK A. ALOI, ROCHESTER, FOR DEFENDANTS-APPELLANTS.
LAVIN KLEIMAN, P.C., BUFFALO (JOHN J. LAVIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: WISNER, J.P., KEHOE, GORSKI, LAWTON, AND HAYES, JJ.
ORDER
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on June 19, 2004.
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.