Keith E. Lewis v Niagara Frontier Transit Metro System
Decided on March 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, KEHOE, AND LAWTON, JJ.
303 CA 03-01413
[*1]KEITH E. LEWIS, PLAINTIFF-APPELLANT, ORDER
NIAGARA FRONTIER TRANSIT METRO SYSTEM, INC., NIAGARA FRONTIER TRANSPORTATION AUTHORITY, AND DAVID R. ERNST, DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered January 15, 2003. The order, insofar as appealed from, granted defendants' cross motion for summary judgment dismissing the complaint in a personal injury action.
LAWRENCE A. SCHULZ, ORCHARD PARK, CELLINO & BARNES, P.C., BUFFALO (J. GREGORY HOELSCHER OF COUNSEL), FOR PLAINTIFF-APPELLANT.
O'NEILL, CANTWELL, FEELEY & BROWNELL, BUFFALO (CARLTON K. BROWNELL, III, OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. Now, upon reading and filing the stipulation withdrawing and discontinuing appeal signed by the attorneys for the parties on February 18 and 25, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: March 19, 2004
JoAnn M. Wahl
Clerk of the Court