| Ebeling v Walker |
| 2016 NY Slip Op 05827 [142 AD3d 762] |
| August 17, 2016 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Michael R. Ebeling, Appellant, v Joshua R. Walker et al., Respondents. |
Law Office of J. Michael Hayes, Buffalo (J. Michael Hayes of counsel), for plaintiff-appellant.
Lippman O'Connor, Buffalo (Thomas D. Seaman of counsel), for defendants-respondents.
Appeal from an order of the Supreme Court, Erie County (Henry J. Nowak, Jr., J.), entered July 7, 2015. The order denied the motion of plaintiff for summary judgment.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties, and filed in the Erie County Clerk's Office on February 22, 2016,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Carni, DeJoseph, Curran and Troutman, JJ.