Bridge v Rite Aid of N. Y.
2004 NY Slip Op 00928 [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., GREEN, SCUDDER, KEHOE, AND HAYES, JJ.

1384 CA 03-00788

[*1]KIM M. BRIDGE AND STUART BRIDGE, INDIVIDUALLY AND AS HUSBAND AND WIFE, PLAINTIFFS-RESPONDENTS, ORDER

v

RITE AID OF NEW YORK, INC., 9274 GROUP, INC., DEFENDANTS-APPELLANTS, AND ELLICOTT MAINTENANCE, DEFENDANT.



Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered June 20, 2002. The order, insofar as appealed from, granted in part plaintiffs' motion to compel discovery.


EUSTACE & MARQUEZ, WHITE PLAINS (ROSE M. COTTER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
SIEGEL, KELLEHER & KAHN, BUFFALO (TIMOTHY G. O'CONNELL OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
KENNEY, SHELTON, LIPTAK & NOWAK, L.L.P., BUFFALO (TAMARA M. GIORDANO OF COUNSEL), FOR DEFENDANT. Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on December 9, 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