| Smith v Heim |
| 2005 NY Slip Op 03546 [17 AD3d 1174] |
| Decided on April 29, 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 April 29, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: HURLBUTT, J.P., SCUDDER, GORSKI, PINE, AND LAWTON, JJ.
603 CA 04-02027
[*1]MEISHA SMITH, AS PARENT AND NATURAL GUARDIAN OF KAYRON GABBY, A MINOR, PLAINTIFF-RESPONDENT, ORDER
v
AMBER HEIM AND WILLIAM J. HEIM, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Erie County (Peter J. Notaro, J.), entered May 26, 2004 in a personal injury action. The order, among other things, denied that part of the motion of defendants seeking summary judgment dismissing the complaint.
NAPIER, FITZGERALD & KIRBY, L.L.P., BUFFALO (KENNETH R. KIRBY OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
LAWRENCE J. STRAUSS, WILLIAMSVILLE, FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation withdrawing appeals signed by the attorneys for the parties on February 11, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: April 29, 2005
JoAnn M. Wahl
Clerk of the Court