Maurer v Tops Mkts., LLC
2010 NY Slip Op 01286 [70 AD3d 1504]
February 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010


Nicole S. Maurer, Respondent,
v
Tops Markets, LLC, Appellant. Nicole S. Maurer, Respondent, v Raymond E. Kiser, Appellant. (Appeal No. 1.)

—[*1] 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.

Appeals from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered December 7, 2007 in a personal injury action. The order denied the motions of defendants for post-trial relief.

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 AD2d 435 [1989]; see also CPLR 5501 [a] [1], [2]). Present—Centra, J.P., Peradotto, Carni, Pine and Gorski, JJ.