Pechuman v Ames
2006 NY Slip Op 00804 [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: KEHOE, J.P., MARTOCHE, SMITH, PINE, AND HAYES, JJ.

133 CA 05-02048

[*1]MOONYEAN A. PECHUMAN AND GERALD K. PECHUMAN, PLAINTIFFS-RESPONDENTS-APPELLANTS, ORDER

v

RUSSELL L. AMES, DEFENDANT-APPELLANT-RESPONDENT.



Appeal and cross appeal from an order of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered January 28, 2005 in a personal injury action. The order granted in part and denied in part plaintiffs' motion for partial summary judgment.


LAW OFFICE OF ROY A. MURA, BUFFALO (KRIS E. LAWRENCE OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.
EARL, DE LANGE, MAY, SEAMAN, JONES, HOGAN & BROOKS, LLP, LOCKPORT (MORGAN L. JONES OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 9, 2005,


It is hereby ORDERED that said appeal and cross appeal be and the same hereby are unanimously dismissed without costs upon stipulation.
Entered: February 3, 2006
JoAnn M. Wahl
Clerk of the Court