Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered November 9, 2010 in a personal injury action.
Decided on February 10, 2012
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., FAHEY, CARNI, SCONIERS, AND GORSKI, JJ.
The order denied the motion of plaintiff for summary judgment, granted the cross motion of defendants for summary judgment and dismissed the complaint.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties and filed on February 6, 2012,
It is hereby ORDERED that said appeal is dismissed without costs upon stipulation.
All concur except Gorski, J., who is not participating.
Entered: February 10, 2012
Frances E. Cafarell Clerk of the Court
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