| Page v Martz |
| 2004 NY Slip Op 06940 [11 AD3d 1049] |
| Decided on October 1, 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 October 1, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., PINE, HURLBUTT, AND KEHOE, JJ.
1144 CA 03-02340
[*1]SALVATORE W. PAGE, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF CHARLENE D. PAGE, DECEASED, PLAINTIFF-RESPONDENT, ORDER
v
MARK MARTZ, DOING BUSINESS AS MARK'S DISPOSAL SERVICE, INC., ET AL., DEFENDANTS, AND CHRISTINE L. EICK, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered March 4, 2003. The order denied the motion of defendant Christine L. Eick for summary judgment and amended the caption.
SUGARMAN LAW FIRM, LLP, BUFFALO (JAMES E. HANLON OF COUNSEL), FOR DEFENDANT-APPELLANT.
CONNORS & VILARDO, LLP, BUFFALO (MICHAEL J. ROACH OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
FREDERICK WOLF, COUNTY ATTORNEY, BUFFALO (GEORGE M. ZIMMERMAN OF COUNSEL), FOR DEFENDANT COUNTY OF ERIE.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties and filed with the Erie County Clerk's Office on August 10, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: October 1, 2004
JoAnn M. Wahl
Clerk of the Court