| Johnson v University Surgical Assoc., Llp |
| 2005 NY Slip Op 04723 [19 AD3d 1183] |
| Decided on June 10, 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 June 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, KEHOE, MARTOCHE, AND HAYES, JJ.
567 CA 04-02727
[*1]ROBBIE JOHNSON AND BRIDGET JOHNSON, PLAINTIFFS-RESPONDENTS, ORDER
v
UNIVERSITY SURGICAL ASSOCIATES, LLP AND HOWARD SIMON, M.D., DEFENDANTS-APPELLANTS.
Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered April 21, 2004. The order denied defendants' motion for summary judgment dismissing the complaint.
SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (MARY KENDRICK-GAFFNEY OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
STANLEY LAW OFFICES, SYRACUSE (JOSEPH P. STANLEY OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties on May 9, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: June 10, 2005
JoAnn M. Wahl
Clerk of the Court