| Rios v Shepter |
| 2018 NY Slip Op 08888 [167 AD3d 1588] |
| December 21, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Javier Rios, Respondent, v Lee Shepter et al., Appellants. |
Osborn Reed & Burke, LLP, Rochester (Christian C. Casini of counsel), for defendants-appellants.
Lipsitz & Ponterio, LLC, Buffalo (Anne E. Joynt of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Monroe County (John J. Ark, J.), entered September 25, 2017. The order denied defendants' motion for summary judgment.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on October 29, 2018, and filed in the Monroe County Clerk's Office on November 2, 2018,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Carni, DeJoseph, NeMoyer and Troutman, JJ.