Rodriguez v White Fence Farm, Ltd.
2008 NY Slip Op 03922 [50 AD3d 1620]
April 25, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


Lazaro Rodriguez et al., Individually and as Parents and Natural Guardians of Christina Rodriguez, an Infant, Appellants, v White Fence Farm, Ltd., et al., Respondents.

—[*1] Gross, Shuman, Brizdle & Gilfillan, P.C., Buffalo (David H. Elibol of counsel), for plaintiff-appellant.

Hurwitz & Fine, P.C., Buffalo (Michael F. Perley of counsel), for defendants-respondents. Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered January 30, 2007. The order, inter alia, denied that part of plaintiffs' motion to strike the answer.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on April 21, 2008,

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