| Mosey v Childs |
| 2015 NY Slip Op 08245 [133 AD3d 1193] |
| November 13, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Acea M. Mosey, as Administratrix of the Estate of
Olive Reimann, Deceased, Respondent, v Paris Childs, Appellant, et al., Defendant. |
Zdarsky, Sawicki & Agostinelli, LLP, Buffalo (K. Michael Sawicki of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered July 17, 2013. The order, among other things, denied the cross motion of defendant Paris Childs for partial summary judgment.
Now, upon the order and judgment (one paper) of the Supreme Court, Erie County (Jeremiah J. Moriarty, III, J.), entered June 24, 2014,
It is hereby ordered that said appeal is dismissed without costs upon stipulation.
All concur except Fahey, J., who is not participating. Present—Scudder, P.J., Fahey, Lindley, Valentino and Whalen, JJ.