SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
April 24, 2009
DAVID EVANS, SR., PLAINTIFF-RESPONDENT,
JEFFREY A. STRICKLER, DEFENDANT-APPELLANT, ET AL., DEFENDANT.
Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered June 3, 2008 in a personal injury action. The order denied the motion of defendant Jeffrey A. Strickler for summary judgment.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: HURLBUTT, J.P., PERADOTTO, CARNI, GREEN, AND PINE, JJ.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on January 21, 2009, and filed in the Erie County Clerk's Office on February 3, 2009,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
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