Wilson v Mosey
2008 NY Slip Op 07347 [55 AD3d 1309]
October 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


Gary L. Wilson, Jr., Plaintiff, and Tami Hill, Respondent, v Acea M. Mosey, as Administrator with Limitations of the Estate of Michael M. Brenon, Deceased, Appellant.

—[*1] Law Offices of Daniel J. Guarasci, Depew (Phyliss A. Hafner of counsel), for defendant-appellant.

Law Offices of Roland M. Cercone, LLP, Buffalo (Sean P. Kelley of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered April 25, 2007 in a personal injury action. The order denied defendant's motion for summary judgment dismissing the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 11 and 12, 2008,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Centra, Fahey, Peradotto and Green, JJ.