Janicki v Thomas
2009 NY Slip Op 08321 [67 AD3d 1386]
November 13, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010


Barbara Janicki, Respondent,
v
Rexford L. Thomas, Jr., M.D., Appellant.

—[*1] Roach, Brown, McCarthy & Gruber, P.C., Buffalo (J. Mark Gruber of counsel), for defendant-appellant.

Stamm, Reynolds & Stamm, Williamsville (Bradley J. Stamm of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered September 24, 2008 in a medical malpractice action. The order denied the motion of defendant for summary judgment.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on August 24, 2009,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Martoche, Smith, Carni and Green, JJ.