Maurer v Kiser
2010 NY Slip Op 01287 [70 AD3d 1504]
February 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010


Nicole S. Maurer, Respondent, v Raymond E. Kiser, Appellant. (Appeal No. 2.)

—[*1] Rivkin Radler LLP, Uniondale (Melissa M. Murphy of counsel), for defendant-appellant.

Paul William Beltz, P.C., Buffalo (Debra A. Norton of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered April 10, 2008 in a personal injury action. The order, insofar as appealed from, denied the motion of defendant for a set-off for future Social Security benefits for plaintiff.

Now, upon reading and filing the stipulation discontinuing appeals signed by the attorneys for the parties on January 5, 2010, it is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Peradotto, Carni, Pine and Gorski, JJ.