Bennett v Presbyterian Senior Care of W. N.Y., Inc.
2012 NY Slip Op 01995 [93 AD3d 1243]
March 16, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 25, 2012


Gary A. Bennett, Appellant, v Presbyterian Senior Care of Western New York, Inc., Respondent, et al., Defendant.

—[*1] Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiff-appellant.

Damon Morey LLP, Buffalo (Vincent G. Saccomando of counsel), for defendant-respondent and defendant.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered February 7, 2011 in a personal injury action. The order, insofar as appealed from, denied the cross motion of plaintiff for partial summary judgment.

Now, upon reading and filing the stipulation withdrawing and discontinuing appeal signed by the attorneys for the parties on January 19, 2012 and filed on February 15, 2012,

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