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Gary A. Bennett, Plaintiff-Appellant v. Presbyterian Senior Care of Western New York

March 16, 2012

GARY A. BENNETT, PLAINTIFF-APPELLANT,
v.
PRESBYTERIAN SENIOR CARE OF WESTERN NEW YORK, INC., DEFENDANT-RESPONDENT, ET AL., DEFENDANT.



Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered February 7, 2011 in a personal injury action.

Bennett v Presbyterian Senior Care of W. N.Y., Inc.

Decided on March 16, 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: SCUDDER, P.J., CENTRA, CARNI, LINDLEY, AND MARTOCHE, JJ.

The order, insofar as appealed from, denied the cross motion of plaintiff for partial summary judgment.

Now, upon reading and filing the stipulation withdrawing and discontinuing appeal signed by the attorneys for the parties on January 19, 2012 and filed on February 15, 2012,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: March 16, 2012

Frances E. Cafarell Clerk of the Court

20120316

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