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Kenneth R. Wierzbowski v. Koryn P. Walker

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 21, 2012

KENNETH R. WIERZBOWSKI,
PLAINTIFF-RESPONDENT,
v.
KORYN P. WALKER, ET AL.,
DEFENDANTS,
AND
SOUTHEAST COMMUNITY WORKS CENTER,
DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered March 22, 2012 in a personal injury action.

Wierzbowski v Walker

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.

Released on December 21, 2012

PRESENT: SMITH, J.P., FAHEY, SCONIERS, VALENTINO, AND WHALEN, JJ.

The order denied the motion of defendant Southeast Community Works Center for summary judgment dismissing the complaint against it.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties, and filed in the Erie County Clerk's Office on December 5, 2012,

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

Entered: December 21, 2012 Frances E. Cafarell Clerk of the Court

20121221

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