| Carter v Schmidt |
| 2005 NY Slip Op 07190 [21 AD3d 1441] |
| Decided on September 30, 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 September 30, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, MARTOCHE, AND HAYES, JJ.
1142 CA 05-00551
[*1]MONICA CARTER AND SAMUEL CARTER, PLAINTIFFS-RESPONDENTS, ORDER
v
KATHLEEN A. SCHMIDT AND ROBERT G. SCHMIDT, DEFENDANTS-APPELLANTS.
Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered August 26, 2004 in a personal injury action. The order denied defendants' motion for summary judgment dismissing the complaint.
BOUVIER PARTNERSHIP, LLP, BUFFALO (PAUL F. HAMMOND OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
THE BARNES FIRM, P.C., BUFFALO (ROBERT J. SCHRECK OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Now, upon the stipulation withdrawing appeal signed by the attorneys for the parties on September 12, 2005 and filed in the Niagara County Clerk's Office on September 19, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: September 30, 2005
JoAnn M. Wahl
Clerk of the Court