Wierzbowski v Walker

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Wierzbowski v Walker 2012 NY Slip Op 08890 Released on December 21, 2012 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.

Released on December 21, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., FAHEY, SCONIERS, VALENTINO, AND WHALEN, JJ.
1185 CA 12-00811

[*1]KENNETH R. WIERZBOWSKI, PLAINTIFF-RESPONDENT,

v

KORYN P. WALKER, ET AL., DEFENDANTS, AND SOUTHEAST COMMUNITY WORKS CENTER, DEFENDANT-APPELLANT.


Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered March 22, 2012 in a personal injury action. The order denied the motion of defendant Southeast Community Works Center for summary judgment dismissing the complaint against it.


DAMON MOREY LLP, BUFFALO (KATHLEEN M. REILLY OF COUNSEL), FOR DEFENDANT-APPELLANT.
BROWN CHIARI LLP, LANCASTER (DAVID W. OLSON OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
LAW OFFICE OF DANIEL R. ARCHILLA, BUFFALO (DONYELLE E. CRAPSI OF COUNSEL), FOR DEFENDANT KORYN P. WALKER.
LAW OFFICES OF DESTIN C. SANTACROSE, BUFFALO (ELISE L. MALINOWSKI OF COUNSEL), FOR DEFENDANT ANDREW LARRACUENTE. Now, upon the stipulation of discontinuance signed by the attorneys for the parties, and filed in the Erie County Clerk's Office on December 5, 2012,


It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
Entered: December 21, 2012
Frances E. Cafarell
Clerk of the Court

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