Ballow v Moran
2006 NY Slip Op 05421 [31 AD3d 1128]
July 7, 2006
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 20, 2006


John E. Ballow, Esq., et al., Respondents, v James J. Moran, Esq., et al., Appellants, and Michael D. Braisted, Esq., et al., Respondents.

[*1]Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered August 11, 2005. The order, insofar as appealed from, granted in part plaintiffs' motion for partial summary judgment, denied the cross motion of defendants James J. Moran, Esq. and James J. Moran, P.C. for summary judgment and granted the motion of defendant Thomas C. Brady, Esq. for partial summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on June 26, 2006,

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation. Present—Pigott, Jr., P.J., Hurlbutt, Scudder, Green and Hayes, JJ.