SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
June 5, 2009
MICHAEL HOGAN AND MARY HOGAN, PLAINTIFFS-RESPONDENTS,
GEORGE TRITSCH, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered April 23, 2008 in a personal injury action. The order denied defendant's motion for summary judgment dismissing the complaint.
PRESENT: SCUDDER, P.J., MARTOCHE, FAHEY, CARNI, AND PINE, JJ.
Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on April 2, 2009,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
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