| Rochester Gas & Elec. Corp. v M.A. Ferrauilo Constr., Inc. |
| 2005 NY Slip Op 08500 [23 AD3d 1160] |
| Decided on November 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 November 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., HURLBUTT, SCUDDER, KEHOE, AND GORSKI, JJ.
1314 CA 05-00951
[*1]ROCHESTER GAS AND ELECTRIC CORPORATION, PLAINTIFF-RESPONDENT-APPELLANT, ORDER
v
M.A. FERRAUILO CONSTRUCTION, INC., DOING BUSINESS AS DODGE ENTERPRISES, DEFENDANT-APPELLANT-RESPONDENT.
Appeal and cross appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered December 15, 2004. The order denied defendant's motion for summary judgment and plaintiff's cross motion for summary judgment.
KENNEY, SHELTON, LIPTAK & NOWAK, L.L.P., BUFFALO (STEPHEN F. SZYMONIAK OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.
NIXON PEABODY LLP, ROCHESTER (CHRISTOPHER D. THOMAS OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.
Now, upon reading and filing the stipulation to withdraw appeal and cross appeal signed by the attorneys for the parties on July 20, 2005,
It is hereby ORDERED that said appeal and cross appeal be and the same hereby are unanimously dismissed without costs upon stipulation.
Entered: November 10, 2005
JoAnn M. Wahl
Clerk of the Court