Opinion
No. CA 09-00340.
November 13, 2009.
Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered January 15, 2009 in a personal injury action. The order, among other things, granted plaintiffs' motion for summary judgment.
GIBSON, McASKILL CROSBY, LLP, BUFFALO (VICTOR ALAN OLIVERI OF COUNSEL), FOR DEFENDANT-APPELLANT.
WALSH, ROBERTS GRACE, BUFFALO (JAMES R. WALSH OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for plaintiffs-respondents and defendant-appellant on August 24 and 25, 2009,
Present: Scudder, P.J., Martoche, Smith, Carni and Green, JJ.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for plaintiffs-respondents and defendant-appellant on August 24 and 25, 2009,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.