Ander v Mc Veigh
2004 NY Slip Op 00929 [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, PINE, WISNER, AND GORSKI, JJ.

1436 CA 03-00859

[*1]STACEY E. ANDER, PLAINTIFF-RESPONDENT, ORDER

v

ROSE M. MC VEIGH, DEFENDANT-APPELLANT.



Appeal from an order of the Supreme Court, Niagara County (Rose H. Sconiers, J.), entered November 25, 2002. The order denied defendant's motion for summary judgment dismissing the complaint and granted in part plaintiff's cross motion for partial summary judgment on liability.


KENNEY, SHELTON, LIPTAK & NOWAK, L.L.P., BUFFALO (WENDY A. SCOTT OF COUNSEL), FOR DEFENDANT-APPELLANT.
DAVID R. WENDT, LOCKPORT, FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on November 4, 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