Shamrock v Victor
2008 NY Slip Op 05142 [52 AD3d 1221] [52 AD3d 1221]
June 6, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


Kevin P. Shamrock, Appellant, v Philip W. Victor, Respondent.

—[*1] Law Office of Richard S. Juda, Jr., Buffalo (Richard S. Juda, Jr., of counsel), for plaintiff-appellant.

Brown & Kelly, LLP, Buffalo (Tara E. Waterman of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered May 3, 2007 in a personal injury action. The order granted the motion of defendant for summary judgment and dismissed the complaint.

Now, upon the stipulation discontinuing appeal signed by the attorneys for the parties on April 28, 2008 and filed in the Erie County Clerk's Office on April 30, 2008,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Hurlbutt, J.P., Smith, Fahey, Green and Pine, JJ.