O'Brien v Perkins
2004 NY Slip Op 00793 [4 AD3d 897]
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: GREEN, J.P., WISNER, SCUDDER, GORSKI, AND LAWTON, JJ.

88 CA 03-01497

[*1]MANDY O'BRIEN, PLAINTIFF-RESPONDENT, ORDER

v

JAMES D. PERKINS, M.D., DEFENDANT-APPELLANT, AND WOMEN'S HEALTH CENTER, DEFENDANT.



Appeal from an order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered March 14, 2003. The order denied the motion of defendant James D. Perkins, M.D. for a protective order.


SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (MICHAEL PAUL RINGWOOD OF COUNSEL), FOR DEFENDANT-APPELLANT.
DEL DUCHETTO & POTTER, SYRACUSE (ERNEST A. DEL DUCHETTO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
MARTIN, GANOTIS, BROWN, MOULD & CURRIE, P.C., DE WITT (CHARLES E. PATTON OF COUNSEL), FOR DEFENDANT. Now, upon the stipulation discontinuing action signed by the attorneys for the parties on December 11, 2003 and filed in the Jefferson County Clerk's Office on December 30, 2003,


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