| Colello v Maussner |
| 2005 NY Slip Op 09814 [24 AD3d 1326] |
| Decided on December 22, 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 December 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., HURLBUTT, SCUDDER, GORSKI, AND LAWTON, JJ.
1157 CA 05-00416
[*1]CYNTHIA COLELLO, PLAINTIFF-RESPONDENT-APPELLANT, ORDER
v
RICHARD A. MAUSSNER, DEFENDANT-APPELLANT-RESPONDENT.
Appeal and cross appeal from a judgment of the Supreme Court, Erie County (Peter J. Notaro, J.), entered April 8, 2004. The judgment, inter alia, granted in part defendant's motion for summary judgment and granted that part of plaintiff's cross motion for partial summary judgment on the fourth cause of action, and granted judgment in favor of plaintiff and against defendant in the amount of $23,333.
MARCUS ANDREOZZI & FICKESS, LLP, WILLIAMSVILLE (DAVID P. MARCUS OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.
HODGSON RUSS LLP, BUFFALO (JULIA S. KREHER OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.
Now, upon reading and filing the stipulation discontinuing action with prejudice signed by the attorneys for the parties on October 31 and November 14, 2005,
It is hereby ORDERED that said appeal and cross appeal be and the same hereby are unanimously dismissed without costs upon stipulation.
Entered: December 22, 2005
JoAnn M. Wahl
Clerk of the Court