| Behan v Stahl |
| 2005 NY Slip Op 00787 [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., HURLBUTT, GORSKI, PINE, AND HAYES, JJ.
150 CA 04-01873
[*1]ARLEEN F. BEHAN, PLAINTIFF-RESPONDENT, ORDER
v
ERNEST A. STAHL, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered March 31, 2004. The order granted plaintiff's motion for partial summary judgment on the issue of defendant's negligence in a personal injury action.
BOUVIER PARTNERSHIP, LLP, BUFFALO (RAFEAL O. GOMEZ OF COUNSEL), FOR DEFENDANT-APPELLANT.
OTTAVIANO & SANSONE, L.L.P., LOCKPORT (JOHN S. SANSONE 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 22, 2004,
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