| Weatherpanel, Inc. v Ontario Siding & Roofing, Inc. |
| 2004 NY Slip Op 05971 [9 AD3d 917] |
| Decided on July 9, 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 July 9, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: WISNER, J.P., KEHOE, GORSKI, LAWTON, AND HAYES, JJ.
1000.1 CA 03-00421
[*1]WEATHERPANEL, INC., PLAINTIFF-RESPONDENT, ORDER
v
ONTARIO SIDING & ROOFING, INC., FORMERLY KNOWN AS BLACK ROCK ROOFING CO., INC., AND MICHAEL S. MONTALDI, DEFENDANTS-APPELLANTS. (APPEAL NO. 1.)
Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered June 25, 2002. The order and judgment, insofar as appealed from, granted in part plaintiff's motion for summary judgment.
FRANK A. ALOI, ROCHESTER, FOR DEFENDANTS-APPELLANTS.
LAVIN & KLEIMAN, P.C., BUFFALO (JOHN J. LAVIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on June 19, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: July 9, 2004
JoAnn M. Wahl
Clerk of the Court