Collins v Iannicelli
2008 NY Slip Op 08923 [56 AD3d 1231]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


Donald J. Collins, Respondent, et al., Plaintiff, v Anthony J. Iannicelli, Jr., Appellant, et al., Defendants.

—[*1] Bouvier Partnership, LLP, Buffalo (Rafael O. Gomez of counsel), for defendant-appellant.

Shaw & Shaw, P.C., Hamburg (Leonard D. Zaccagnino of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Penny M. Wolfgang, J.), entered July 19, 2007 in a personal injury action. The order denied the motion of defendant Anthony J. Iannicelli, Jr. for summary judgment.

Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties on August 6, 2008,

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