| Merchants Ins. Co. of N. H., Inc. v Norkus |
| 2004 NY Slip Op 08472 [12 AD3d 1203] |
| Decided on November 19, 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 November 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., SCUDDER, GORSKI, MARTOCHE, AND HAYES, JJ.
1387 CA 04-01037
[*1]MERCHANTS INSURANCE COMPANY OF NEW HAMPSHIRE, INC., PLAINTIFF-APPELLANT, ORDER
v
BARBARA NORKUS, DEFENDANT, AND RAYMOND NORKUS, DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Erie County (Barbara Howe, J.), entered December 30, 2003. The order denied plaintiff's motion for summary judgment in a declaratory judgment action.
GOLDBERG SEGALLA LLP, BUFFALO (PAUL D. MC CORMICK OF COUNSEL), FOR PLAINTIFF-APPELLANT.
SEAN DENNIS HILL, BUFFALO, FOR DEFENDANT-RESPONDENT.
Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on September 15, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: November 19, 2004
JoAnn M. Wahl
Clerk of the Court