Kustes v Cummings

Kustes v Cummings 2010 NY Slip Op 01226 [70 AD3d 1416] February 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

Korey P. Kustes, Respondent, v Nicole S. Cummings et al., Defendants, and Joseph Sheehan, Jr., Appellant.

—[*1] Chelus, Herdzik, Speyer & Monte, P.C., Buffalo (Thomas P. Kawalec of counsel), for defendant-appellant.

Bouvier Partnership, LLP, Buffalo (Rafael O. Gomez of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered June 3, 2009 in a personal injury action. The order, insofar as appealed from, denied in part the motion of defendant Joseph Sheehan, Jr. for summary judgment.

Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties to the appeal on December 28, 2009, it is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Fahey, Peradotto, Carni and Lindley, JJ.