Wierzbowski v Walker
2012 NY Slip Op 08890 [101 AD3d 1613]
December 21, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 6, 2013


Kenneth R. Wierzbowski, Respondent,
v
Koryn P. Walker et al., Defendants, and Southeast Community Works Center, Appellant.

—[*1] Damon Morey LLP, Buffalo (Kathleen M. Reilly of counsel), for defendant-appellant. Brown Chiari LLP, Lancaster (David W. Olson of counsel), for plaintiff-respondent.

Law Office of Daniel R. Archilla, Buffalo (Donyelle E. Crapsi of counsel), for defendant Koryn P. Walker.

Law Offices of Destin C. Santacrose, Buffalo (Elise L. Malinowski of counsel), for defendant Andrew Larracuente.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered March 22, 2012 in a personal injury action. The order denied the motion of defendant Southeast Community Works Center for summary judgment dismissing the complaint against it.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties, and filed in the Erie County Clerk's Office on December 5, 2012,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Fahey, Sconiers, Valentino and Whalen, JJ.