| Smith v Lakeshore Cent. School Dist. |
| 2004 NYSlipOp 00755 |
| Decided on February 11, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on February 11, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, KEHOE, AND HAYES, JJ.
48 CA 03-01803
[*1]JACQUELINE S. SMITH, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF CODY SMITH, AN INFANT, PLAINTIFF-RESPONDENT, ORDER
v
LAKESHORE CENTRAL SCHOOL DISTRICT, EVANS-BRANT CENTRAL SCHOOL, AND LAKESHORE MIDDLE SCHOOL, DEFENDANTS-APPELLANTS.
Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered May 30, 2003. The order, insofar as appealed from, denied defendants' motion to vacate a default judgment on liability.
HURST, BROTHMAN & YUSICK, ANGOLA (TERRY D. LORETTO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
SIEGEL, KELLEHER & KAHN, BUFFALO (TIMOTHY G. O'CONNELL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on January 6, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: February 11, 2004
JoAnn M. Wahl
Clerk of the Court