Opinion
CA 03-00730
October 9, 2003.
Appeal from an order of Supreme Court, Erie County (Glownia, J.), entered March 13, 2003, which, inter alia, granted plaintiff's motion for leave to discontinue the action against defendant Dietrich V. Jehle, M.D.
FREDERICK A. WOLF, COUNTY ATTORNEY, BUFFALO (RUTHANNE WANNOP OF COUNSEL), FOR DEFENDANT-APPELLANT.
PAUL WILLIAM BELTZ, P.C., BUFFALO (ROBERT B. NICHOLS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
KEVIN A. RICOTTA, BUFFALO (SCOTT R. HAPEMAN OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: PINE, J.P., HURLBUTT, SCUDDER, KEHOE, AND LAWTON, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 A.D.2d 1051).