Alan T. Dickison v Darryl Smith
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Dickison v Smith
2003 NY Slip Op 18626 [1 AD3d 1062]
Decided on November 21, 2003
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on November 21, 2003
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., PINE, SCUDDER, GORSKI, AND LAWTON, JJ.
1267 CA 03-00300
[*1]ALAN T. DICKISON, CYNTHIA DICKISON, AND CONNER B. DICKISON, AN INFANT UNDER THE AGE OF 14, BY HIS GUARDIANS, ALAN T. DICKISON AND CYNTHIA DICKISON, PLAINTIFFS-RESPONDENTS, ORDER
v
DARRYL SMITH, ALSO KNOWN AS DARYL SMITH, AN INFANT OVER THE AGE OF 14, BY HIS GUARDIANS, MONTEZ SMITH AND BRENDA RIVERA, DEFENDANT-APPELLANT, ET AL., DEFENDANTS.
Appeal from an order of Supreme Court, Erie County (Mahoney, J.), entered November 4, 2002, which, inter alia, denied the summary judgment motion of defendant Darryl Smith, also known as Daryl Smith, an infant over the age of 14, by his guardians, Montez Smith and Brenda Rivera, seeking dismissal of the complaint against him.
HISCOCK & BARCLAY, LLP, BUFFALO (HEATHER A. JOHNSON OF COUNSEL), FOR DEFENDANT-APPELLANT.
SAKOWSKI & MARKELLO, ELMA (JEFFREY P. MARKELLO OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 21, 2003,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: November 21, 2003JoAnn M. Wahl
Clerk of the Court
Decided on November 21, 2003
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., PINE, SCUDDER, GORSKI, AND LAWTON, JJ.
1267 CA 03-00300
[*1]ALAN T. DICKISON, CYNTHIA DICKISON, AND CONNER B. DICKISON, AN INFANT UNDER THE AGE OF 14, BY HIS GUARDIANS, ALAN T. DICKISON AND CYNTHIA DICKISON, PLAINTIFFS-RESPONDENTS, ORDER
v
DARRYL SMITH, ALSO KNOWN AS DARYL SMITH, AN INFANT OVER THE AGE OF 14, BY HIS GUARDIANS, MONTEZ SMITH AND BRENDA RIVERA, DEFENDANT-APPELLANT, ET AL., DEFENDANTS.
Appeal from an order of Supreme Court, Erie County (Mahoney, J.), entered November 4, 2002, which, inter alia, denied the summary judgment motion of defendant Darryl Smith, also known as Daryl Smith, an infant over the age of 14, by his guardians, Montez Smith and Brenda Rivera, seeking dismissal of the complaint against him.
HISCOCK & BARCLAY, LLP, BUFFALO (HEATHER A. JOHNSON OF COUNSEL), FOR DEFENDANT-APPELLANT.
SAKOWSKI & MARKELLO, ELMA (JEFFREY P. MARKELLO OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 21, 2003,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: November 21, 2003JoAnn M. Wahl
Clerk of the Court
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