| Bauter v Comstock |
| 2016 NY Slip Op 03298 [138 AD3d 1411] |
| April 29, 2016 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Dale S. Bauter, Appellant, v Robert E. Comstock, Respondent. |
Stanley Law Offices, Syracuse (Robert A. Quattrocci of counsel), for plaintiff-appellant.
Hagelin Kent LLC, Buffalo (Keith D. Miller of counsel), for defendant-respondent.
Appeal from an order of the Supreme Court, Jefferson County (James P. McClusky, J.), dated March 24, 2015. The order, insofar as appealed from, denied the cross motion of plaintiff for summary judgment on the issue of negligence.
Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on March 22, 2016,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Centra, Carni, DeJoseph and Troutman, JJ.