Lenhard v Erie County Med. Ctr. Corp.
2008 NY Slip Op 09201 [56 AD3d 1254]
November 21, 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


Suzanne A. Lenhard, Respondent, v Erie County Medical Center Corporation, Appellant, et al., Defendants.

—[*1] Kevin A. Ricotta, Attorneys & Counselors at Law, Buffalo (Susan C. Ministero of counsel), for defendant-appellant.

Cellino & Barnes, P.C., Buffalo (John A. Sheehan of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered March 7, 2008 in a personal injury action. The order denied the motion of defendant Erie County Medical Center Corporation for summary judgment dismissing the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 15, 2008,

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