Mc Carthy v Gordon
2005 NY Slip Op 05642 [20 AD3d 945]
Decided on July 1, 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 July 1, 2005
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PIGOTT, JR., P.J., GREEN, GORSKI, PINE, AND LAWTON, JJ.

757 CA 05-00157

[*1]RAY MC CARTHY, SR. AND BEVERLY MC CARTHY, PLAINTIFFS-APPELLANTS, ORDER

v

RONALD GORDON, JR., DEFENDANT-RESPONDENT.



Appeal from an order of the Supreme Court, Wayne County (Thomas M. Van Strydonck, J.), entered November 1, 2004. The order denied plaintiffs' motion for partial summary judgment in a personal injury action.


SEGAR & SCIORTINO, ROCHESTER (STEPHEN A. SEGAR OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
THOMAS PAUL DURKIN, ROCHESTER, FOR DEFENDANT-RESPONDENT. Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties and filed on June 20, 2005,


It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: July 1, 2005
JoAnn M. Wahl
Clerk of the Court