Orlikowski v Cornerstone Community Fed. Credit Union

Orlikowski v Cornerstone Community Fed. Credit Union 2007 NY Slip Op 02278 [38 AD3d 1287] March 16, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 9, 2007

Michael Orlikowski et al., Appellants, v Cornerstone Community Federal Credit Union et al., Respondents.

—[*1] Lo Tempio & Brown, P.C., Buffalo (Patrick J. Brown of counsel), for plaintiffs-appellants.

Zdarsky, Sawicki & Agostinelli, Buffalo (Patrick A. Dudley of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered May 22, 2006 in a personal injury action. The order denied plaintiffs' motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1).

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 9, 2007,

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation. Present—Hurlbutt, J.P., Martoche, Lunn, Peradotto and Green, JJ.