Carr v County of Niagara

Carr v County of Niagara 2010 NY Slip Op 09831 [79 AD3d 1823] December 30, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 16, 2011

Jarvis Carr, Jr., Appellant, v County of Niagara, Respondent.

—[*1] Law Offices of James E. Morris, Buffalo (Joshua P. Rubin of counsel), for plaintiff-appellant.

Sliwa & Lane, Buffalo (Michael T. Coutu of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered November 13, 2009 in a personal injury action. The order denied the motion of plaintiff for summary judgment on liability.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on September 30, 2010, and filed in the Niagara County Clerk's Office on October 15, 2010,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Martoche, J.P., Carni, Lindley and Sconiers, JJ.