Carlson v Jamestown Hous. Auth.

Carlson v Jamestown Hous. Auth. 2010 NY Slip Op 02359 [71 AD3d 1528] March 19, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 28, 2010

Swan E. Carlson, Respondent, v Jamestown Housing Authority et al., Appellants.

—[*1] Barth Sullivan Behr, Buffalo (Laurence D. Behr of counsel), for defendants-appellants.

Lipsitz Green Scime Cambria LLP, Buffalo (David G. Henry of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered March 12, 2009 in a personal injury action. The order denied the motion of defendants for summary judgment dismissing the amended complaint.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on December 18, 2009,

It is hereby ordered that said appeal is dismissed without costs upon stipulation.

All concur except Hurlbutt, J.P., who is not participating. Present—Hurlbutt, J.P., Martoche, Smith, Carni and Pine, JJ.