Clark v Gotthart
2013 NY Slip Op 07370 [111 AD3d 1350]
November 8, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 25, 2013


Samantha Clark, as Parent and Natural Guardian of Joseph Ray, an Infant, Respondent-Appellant,
v
Joshua Gotthart et al., Defendants, and Lynda Gotthart, Appellant-Respondent.

—[*1] Law Office of Destin C. Santacrose, Buffalo (Christopher R. Turner of counsel), for defendant-appellant-respondent.

Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiff-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered October 3, 2012. The order denied the motion of defendant Lynda Gotthart for summary judgment dismissing the complaint and all cross claims against her and denied the cross motion of plaintiff for summary judgment on the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 24, 2013,

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