Evans v Strickler
2009 NY Slip Op 03300 [61 AD3d 1405]
April 24, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2009


David Evans, Sr., Respondent, v Jeffrey A. Strickler, Appellant, et al., Defendant.

—[*1] Law Offices of Lawrence M. Rubin, Buffalo (Destin C. Santacrose of counsel), for defendant-appellant.

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

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered June 3, 2008 in a personal injury action. The order denied the motion of defendant Jeffrey A. Strickler for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on January 21, 2009, and filed in the Erie County Clerk's Office on February 3, 2009,

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