| Pickering v Sax |
| 2006 NY Slip Op 00706 [26 AD3d 902] |
| Decided on February 3, 2006 |
| 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 February 3, 2006
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., KEHOE, MARTOCHE, SMITH, AND PINE, JJ.
9CA 05-01906
[*1]SANDRA PICKERING AND RANDALL PICKERING, PLAINTIFFS-RESPONDENTS, ORDER
v
HARRY CHARLES SAX, M.D. AND UNIVERSITY OF ROCHESTER, DEFENDANTS-APPELLANTS.
Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered June 2, 2005 in a medical malpractice action. The order denied defendants' motion for an order permitting certain nonparty witness depositions.
OSBORN, REED & BURKE, LLP, ROCHESTER (THOMAS C. BURKE OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
PAUL WILLIAM BELTZ, P.C., BUFFALO (ROBERT B. NICHOLS OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Now, upon reading and filing the stipulation of withdrawal and discontinuance of appeal signed by the attorneys for the parties on December 12 and 13, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: February 3, 2006
JoAnn M. Wahl
Clerk of the Court