| Pease v Twelve Corners Presbyt. Church |
| 2005 NY Slip Op 00779 [15 AD3d 1014] |
| Decided on February 4, 2005 |
| 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 February 4, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, KEHOE, AND PINE, JJ.
139 CA 04-01237
[*1]DOUGLAS H. PEASE, PLAINTIFF-APPELLANT, ORDER
v
TWELVE CORNERS PRESBYTERIAN CHURCH, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered December 10, 2003. The order, insofar as appealed from, denied plaintiff's motion for an order of preclusion and summary judgment in a personal injury action.
HIRSCH & TUBIOLO, P.C., ROCHESTER (CHRISTOPHER S. NOONE OF COUNSEL), FOR PLAINTIFF-APPELLANT.
LAW OFFICES OF JOSEPH D. CALLERY, SYRACUSE (JOSEPH D. CALLERY OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Now, upon reading and filing the stipulation signed by the attorneys for the parties on January 17, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: February 4, 2005
JoAnn M. Wahl
Clerk of the Court