CLARK, SAMANTHA v. GOTTHART, JOSHUA

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

1143 CA 13-00734 PRESENT: CENTRA, J.P., FAHEY, CARNI, SCONIERS, AND VALENTINO, JJ.

SAMANTHA CLARK, AS PARENT AND NATURAL GUARDIAN OF JOSEPH RAY, AN INFANT, PLAINTIFF-RESPONDENT-APPELLANT,

V ORDER

JOSHUA GOTTHART, ET AL., DEFENDANTS, AND LYNDA GOTTHART, DEFENDANT-APPELLANT-RESPONDENT.

LAW OFFICE OF DESTIN C. SANTACROSE, BUFFALO (CHRISTOPHER R. TURNER OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

Appeal and cross appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered October 3, 2012. The order denied the motion of defendant Lynda Gotthart for summary judgment dismissing the complaint and all cross claims against her and denied the cross motion of plaintiff for summary judgment on the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 24, 2013,

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

Entered: November 8, 2013 Frances E. Cafarell Clerk of the Court