Wall v Robertson Strong Apgar Architects, P.C.
2008 NY Slip Op 00798 [48 AD3d 1078]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


James F. Wall, Appellant, v Robertson Strong Apgar Architects, P.C., Defendant, and Bette & Cring, LLC, Respondent.

—[*1] Stanley Law Offices, LLP, Syracuse (Robert A. Quattrocci of counsel), for plaintiff-appellant.

Law Offices of Michael M. Emminger, Syracuse (P. David Twichell of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered February 13, 2007 in a personal injury action. The order, inter alia, denied the motion of plaintiff to strike the answer of defendant Bette & Cring, LLC and to extend the time to file a note of issue.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on December 20, 2007,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Martoche, Smith, Green and Gorski, JJ.