Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered November 13, 2009 in a personal injury action. The order, insofar as appealed from, denied the motion of plaintiff for partial summary judgment pursuant to Labor Law § 240 (1).
Sherk v Lehigh Constr. Group, Inc.
Appellate Division, Fourth Department 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.
Decided on March 25, 2011
PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, SCONIERS, AND PINE, JJ.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 22, 2011,
It is hereby ORDERED that said appeal is dismissed without costs upon stipulation.
All concur except Pine, J., who is not participating.
Patricia L. Morgan Clerk of the Court
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