NICOLE MAURER PLAINTIFF RESPONDENT v. TOPS MARKETS LLC DEFENDANT APPELLANT (2010)

Supreme Court, Appellate Division, Fourth Department, New York.

NICOLE S. MAURER, PLAINTIFF-RESPONDENT, v. TOPS MARKETS, LLC, DEFENDANT-APPELLANT.
NICOLE S. MAURER, PLAINTIFF-RESPONDENT, v. RAYMOND E. KISER, DEFENDANT-APPELLANT. (APPEAL NO. 1.)

CA 08-02270

Decided: February 11, 2010

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, PINE, AND GORSKI, JJ.

DIXON & HAMILTON, LLP, GETZVILLE (DENNIS P. HAMILTON OF COUNSEL), FOR DEFENDANT-APPELLANT TOPS MARKETS, LLC. RIVKIN RADLER LLP, UNIONDALE (MELISSA M. MURPHY OF COUNSEL), FOR DEFENDANT-APPELLANT RAYMOND E. KISER. PAUL WILLIAM BELTZ, P.C., BUFFALO (DEBRA A. NORTON OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

ORDER

Now, upon reading and filing the stipulation discontinuing appeals signed by the attorneys for plaintiff and defendant Raymond E. Kiser on January 5, 2010,

It is hereby ORDERED that said appeal taken by defendant Raymond E. Kiser is unanimously dismissed upon stipulation and the appeal taken by defendant Tops Markets, LLC is dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 A.D.2d 435; see also CPLR 5501[a][1], [2] ).

Patricia L. Morgan

Clerk of the Court

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