| Hosken v Konter |
| 2004 NY Slip Op 07010 [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, SCUDDER, MARTOCHE, AND HAYES, JJ.
1222.3 CA 03-02617
[*1]LINDA HOSKEN AND MICHAEL HOSKEN, AS PARENTS AND NATURAL GUARDIANS OF JENNA HOSKEN, PLAINTIFFS-RESPONDENTS, ORDER
v
WILLIAM KONTER, ET AL., DEFENDANTS, AND JUDITH KUMRO, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (Richard C. Kloch, Sr. A.J.), entered February 11, 2003. The order, insofar as appealed from, denied the motion of defendant Judith Kumro for summary judgment dismissing the complaint against her in a personal injury action.
SLIWA & LANE, BUFFALO (MICHAEL T. COUTU OF COUNSEL), FOR DEFENDANT-APPELLANT.
LIPSITZ, GREEN, FAHRINGER, ROLL, SALISBURY & CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 18 and September 20, 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