| Tubbs v Schicker |
| 2004 NY Slip Op 09884 [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: PINE, J.P., SCUDDER, KEHOE, SMITH, AND LAWTON, JJ.
1586 CA 04-01369
[*1]STEVEN P. TUBBS, PLAINTIFF-RESPONDENT, ORDER
v
TODD J. SCHICKER, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered March 2, 2004. The order denied defendant's motion to bifurcate the trial.
BURKE, ALBRIGHT, HARTER & REDDY, LLP, ROCHESTER (MICHAEL A. REDDY OF COUNSEL), FOR DEFENDANT-APPELLANT.
MC CONVILLE, CONSIDINE, COOMAN & MORIN, P.C., ROCHESTER (PAUL G. BARDEN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon the stipulation discontinuing action signed by the attorneys for the parties on August 2, 2004 and filed in the Monroe County Clerk's Office on August 16, 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