| Blatner v Colton Auto, Inc. |
| 2004 NY Slip Op 09795 [13 AD3d 1232] |
| Decided on December 30, 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 December 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., HURLBUTT, KEHOE, GORSKI, AND HAYES, JJ.
1347 CA 04-01219
[*1]MICHAEL BLATNER AND DEBORAH BLATNER, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF ADAM BLATNER, CHRISTOPHER BLATNER AND MATTHEW BLATNER, PLAINTIFFS-RESPONDENTS, ORDER
v
COLTON AUTO, INC., DEFENDANT-APPELLANT, AND REESE PRODUCTS, INC., DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered September 16, 2003. The order granted plaintiffs' motion for leave to serve an amended complaint and denied the cross motion of defendant Colton Auto, Inc. for leave to serve a second amended answer, to disqualify plaintiffs' counsel and for further discovery.
GIBSON, MC ASKILL & CROSBY, LLP, BUFFALO (C. CHRISTOPHER BRIDGE OF COUNSEL), FOR DEFENDANT-APPELLANT.
JAECKLE FLEISCHMANN & MUGEL, LLP, BUFFALO (HOWARD S. ROSENHOCH OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on December 7, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: December 30, 2004
JoAnn M. Wahl
Clerk of the Court