Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered March 18, 2010.
Herdendorf v Geico Ins. Co.
Decided on April 29, 2011
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.
PRESENT: SMITH, J.P., CENTRA, PERADOTTO, GORSKI, AND MARTOCHE, JJ.
The order granted the motion of plaintiff for leave to serve an amended complaint.
CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO (KEVIN E. LOFTUS OF COUNSEL), FOR DEFENDANTS-APPELLANTS. GELBER & O'CONNELL, LLC, AMHERST (TIMOTHY G. O'CONNELL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties on March 9, 2011,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
Patricia L. Morgan Clerk of ...