Charles J. Bates v James D. Rosier

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Bates v Rosier 2003 NY Slip Op 20086 [2 AD3d 1488] Decided on December 31, 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 December 31, 2003
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, HURLBUTT, AND GORSKI, JJ.
1457 CA 03-00725

[*1]CHARLES J. BATES, PLAINTIFF-RESPONDENT, ORDER

v

JAMES D. ROSIER, DEFENDANT-APPELLANT, DALE R. PARAN AND CATHY M. PARAN, DEFENDANTS.


Appeal from an order of Supreme Court, Wyoming County (Dadd, J.), entered November 29, 2002, which denied the motion of defendant James D. Rosier for summary judgment dismissing the complaint against him.


SUGARMAN LAW FIRM, LLP, BUFFALO (MICHAEL A. RIEHLER OF COUNSEL), FOR DEFENDANT-APPELLANT.
LAW OFFICES OF RICHARD S. BINKO, CHEEKTOWAGA (RICHARD S. BINKO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
HURWITZ & FINE, P.C., BUFFALO (SCOTT C. BILLMAN OF COUNSEL), FOR DEFENDANTS.
Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on October 28, 2003,


It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: December 31, 2003JoAnn M. Wahl
Clerk of the Court

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