| Antonucci v Stone |
| 2006 NY Slip Op 01955 [27 AD3d 1202] |
| Decided on March 17, 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 March 17, 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.
217 CA 05-01457
[*1]CHRISTINE M. ANTONUCCI, PLAINTIFF-APPELLANT, ORDER
v
JORDAN STONE, ET AL., DEFENDANTS, LMM PROPERTIES ENTERPRISES, INC., AND KENNETH P. KELLER, DOING BUSINESS AS FREEDOM RESTORATION, DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Erie County (David J. Mahoney, J.), entered December 30, 2004 in a personal injury action. The order, insofar as appealed from, directed plaintiff to appear for a deposition and to testify with respect to her prior 1990 and 1991 accidents and all treatments arising from those accidents and directed plaintiff to appear for an independent medical examination.
LIPSITZ, GREEN, FAHRINGER, ROLL, SALISBURY & CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-APPELLANT.
DAMON & MOREY, BUFFALO (BRIAN A. BIRENBACH OF COUNSEL), FOR DEFENDANT-RESPONDENT LMM PROPERTIES ENTERPRISES, INC.
BROWN & KELLY LLP, BUFFALO (JOHN E. STANTON, JR., OF COUNSEL), FOR DEFENDANT-RESPONDENT KENNETH P. KELLER, DOING BUSINESS AS FREEDOM RESTORATION.
Now, upon reading and filing the stipulation to dismiss appeal signed by the attorneys for the parties on December 30, 2005 and January 3, 2006,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: March 17, 2006
JoAnn M. Wahl
Clerk of the Court