SAMANTHA CLARK AS PARENT AND NATURAL GUARDIAN OF JOSEPH RAY AN INFANT PLAINTIFF RESPONDENT APPELLANT v. JOSHUA GOTTHART ET AL DEFENDANTS AND LYNDA GOTTHART DEFENDANT APPELLANT RESPONDENT (2013)

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

SAMANTHA CLARK, AS PARENT AND NATURAL GUARDIAN OF JOSEPH RAY, AN INFANT, PLAINTIFF–RESPONDENT -APPELLANT, v. JOSHUA GOTTHART, ET AL., DEFENDANTS, AND LYNDA GOTTHART, DEFENDANT–APPELLANT–RESPONDENT.

CA 13–00734

Decided: November 08, 2013

PRESENT: CENTRA, J.P., FAHEY, CARNI, SCONIERS, AND VALENTINO, JJ.

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.

ORDER

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.

Frances E. Cafarell

Clerk of the Court

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