| Devendorf v Utbert |
| 2004 NY Slip Op 07039 [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: SCUDDER, J.P., KEHOE, GORSKI, AND HAYES, JJ.
1259 CA 04-00475
[*1]DANIEL DEVENDORF, PLAINTIFF-RESPONDENT, ORDER
v
AARON UTBERT, ET AL., DEFENDANTS, AND RYAN PIERSON, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Onondaga County (John V. Centra, J.), entered October 8, 2003. The order denied the motion of defendant Ryan Pierson to dismiss the complaint against him.
BARTH, SULLIVAN & BEHR, LLP, BUFFALO (LAURENCE D. BEHR OF COUNSEL), FOR DEFENDANT-APPELLANT.
COTE & LIMPERT, SYRACUSE (JOSEPH S. COTE, III, OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation signed by the attorneys for the parties and filed on May 28, 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