| STANLEY F. WSZALEK, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF STANLEY WSZALEK, III, AN INFANT V ROCHELLE |
| Motion No: CA 10-01666 |
| Slip Opinion No: 2010 NY Slip Op 83100(U) |
| Decided on September 21, 2010 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
DOCKET NO. CA 10-01666
| STANLEY F. WSZALEK, INDIVIDUALLY AND AS PARENT AND NATURAL
GUARDIAN OF STANLEY WSZALEK, III, AN INFANT, PLAINTIFF-APPELLANT, V ROCHELLE MARCHIONDA AND DANIELLE MANUSECWSKI,
DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 27, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Daniel J. Caffrey, Esq. dated August 2, 2010, the notice of motion with proof of service thereof, the stipulation of discontinuance dated September 10, 2010,
It is hereby ORDERED that the appeal is dismissed and the motion is dismissed as moot.
Entered: September 21, 2010
Patricia L. Morgan, Clerk