Lyons v Josa
2004 NY Slip Op 09968 [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: PIGOTT, JR., P.J., GREEN, PINE, GORSKI, AND LAWTON, JJ.

[*1]

1693 CA 04-01308 JASON E. LYONS, PLAINTIFF-RESPONDENT, V ORDER

v

JAMIE A. JOSA AND JOSEPH F. MOLENDA, DEFENDANTS-APPELLANTS.



Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered October 24, 2003. The order denied defendants' motion for summary judgment dismissing plaintiff's claim for punitive damages.


LAW OFFICES OF MICHAEL PILARZ, BUFFALO (MICHAEL PILARZ OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
ROSENTHAL, SIEGEL, MUENKEL & MALONEY, LLP, BUFFALO (JAY N. ROSENTHAL OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties on November 8, 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