Wendy D. v Goff
2009 NY Slip Op 08325 [67 AD3d 1387]
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


Wendy D. et al., Individually and as Parents and Natural Guardians of John Doe, an Infant, Respondents,
v
Dean E. Goff, Defendant, and Young Men's Christian Association of Lockport, New York, Appellant.

—[*1] Gibson, McAskill & Crosby, LLP, Buffalo (Victor Alan Oliveri of counsel), for defendant-appellant.

Walsh, Roberts & Grace, Buffalo (James R. Walsh of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered January 15, 2009 in a personal injury action. The order, among other things, granted plaintiffs' motion for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for plaintiffs-respondents and defendant-appellant on August 24 and 25, 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.