Gaiser v Harper
2004 NY Slip Op 00844 [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: PIGOTT, JR., P.J., WISNER, HURLBUTT, SCUDDER, AND KEHOE, JJ.

144 CA 03-01511

[*1]JOSEPH M. GAISER AND DIANE M. GAISER, PLAINTIFFS-RESPONDENTS, ORDER

v

BILLY G. HARPER, ALSO KNOWN AS WILLIAM G. HARPER, AND THERESA . HARPER, DEFENDANTS-APPELLANTS.



Appeal from an order of the Supreme Court, Onondaga County (William R. Roy, J.), entered February 20, 2003. The order, insofar as appealed from, denied defendants' motion for summary judgment dismissing the complaint in a personal injury action.


THE CAMBS LAW FIRM, LLP, CAMILLUS (MARY C. JOHN OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
SAMUEL J. COSTA, P.C., SYRACUSE (SAMUEL J. COSTA OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on January 12, 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