McCormick v Thompson

McCormick v Thompson 2017 NY Slip Op 03343 Decided on April 28, 2017 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 28, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., SMITH, CENTRA, TROUTMAN, AND SCUDDER, JJ.
463 CA 16-01679

[*1]ARCHIE MCCORMICK, PLAINTIFF-RESPONDENT,

v

DERICKA THOMPSON, DEFENDANT, AND BENNETT GOLDSTEIN, DEFENDANT-APPELLANT.

LAW OFFICE OF DANIEL R. ARCHILLA, BUFFALO (JEFFREY C. SENDZIAK OF COUNSEL), FOR DEFENDANT-APPELLANT.

NELSON S. TORRE, BUFFALO, FOR PLAINTIFF-RESPONDENT.

Appeal from an amended order of the Supreme Court, Erie County (Deborah A. Chimes, J.), entered June 16, 2016. The amended order denied the motion of defendant Bennett Goldstein for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 21, 2017,

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

Entered: April 28, 2017

Frances E. Cafarell

Clerk of the Court