Peacock v Robidoux
2012 NY Slip Op 03044 [94 AD3d 1465]
April 20, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 23, 2012


William J. Peacock, III, Appellant-Respondent, v Justin Robidoux et al., Respondents, and Carl R. Estep et al., Respondents-Appellants.

—[*1] Brown Chiari LLP, Lancaster (Bradley D. Marble of counsel), for plaintiff-appellant-respondent.

Burden, Gulisano & Hickey, LLC, Buffalo (Jonathan S. Hickey of counsel), for defendants-respondents-appellants.

Law Office of Daniel R. Archilla, Buffalo (Shauna Strom of counsel), for defendant-respondent Justin Robidoux.

Bouvier Partnership, LLP, Buffalo (George W. Collins of counsel), for defendant-respondent Tracey L. Miles.

Appeal and cross appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered January 26, 2011 in a personal injury action. The order, among other things, granted the motions of defendants Justin Robidoux, Carl R. Estep and Twin City Transportation, Inc. for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on March 26, 2012, and filed in the Erie County Clerk's Office on April 2, 2012,

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