Hensler v Galasso
2014 NY Slip Op 01866 [115 AD3d 1201]
March 21, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 30, 2014


Carl Hensler, Respondent, v Dominic A. Galasso, Appellant.

—[*1] Schnitter Ciccarelli Mills PLLC, East Amherst (Patricia S. Ciccarelli of counsel), for defendant-appellant.

Brown Chiari LLP, Lancaster (Samuel J. Capizzi of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered April 29, 2013. The order denied the motion of defendant for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on December 30, 2013, and filed in the Erie County Clerk's Office on January 23, 2014,

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