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Kustes v. Cummings

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


February 11, 2010

KOREY P. KUSTES, RESPONDENT,
v.
NICOLE S. CUMMINGS ET AL., DEFENDANTS, AND JOSEPH SHEEHAN, JR., APPELLANT.

Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered June 3, 2009 in a personal injury action. The order, insofar as appealed from, denied in part the motion of defendant Joseph Sheehan, Jr. for summary judgment.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 31, 2010

Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties to the appeal on December 28, 2009, it is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.

Present---Centra, J.P., Fahey, Peradotto, Carni and Lindley, JJ.

20100211

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