Aldaco v Doe
2021 NY Slip Op 06469 [199 AD3d 1408]
November 19, 2021
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 29, 2021


[*1] (November 19, 2021)
 Margarita Aldaco, as Administrator of the Estate of Jessica Artica, Deceased, Respondent,
v
John Doe et al., Appellants.

Osborn, Reed & Burke, LLP, Rochester (L. Damien Costanza of counsel), for defendants-appellants.

William Mattar, P.C., Williamsville (Matthew J. Kaiser of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Orleans County (Tracey A. Bannister, J.), entered May 13, 2019. The order, insofar as appealed from, denied in part the motion of defendants for summary judgment dismissing the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 8 and 9, 2021,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Centra, NeMoyer, Curran and Winslow, JJ.