Maurer v Tops Mkts., LLC

2010 NY Slip Op 01286 [70 AD3d 1504]

February 11, 2010

Appellate Division, Fourth Department

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), fordefendant-appellant Tops Markets, LLC.

Rivkin Radler LLP, Uniondale (Melissa M. Murphy of counsel), for defendant-appellantRaymond E. Kiser.

Paul William Beltz, P.C., Buffalo (Debra A. Norton of counsel), forplaintiff-respondent.

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

Now, upon reading and filing the stipulation discontinuing appeals signed by the attorneysfor plaintiff and defendant Raymond E. Kiser on January 5, 2010, it is hereby ordered that saidappeal taken by defendant Raymond E. Kiser is unanimously dismissed upon stipulation and theappeal taken by defendant Tops Markets, LLC is dismissed without costs (see Smith vCatholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR5501 [a] [1], [2]). Present—Centra, J.P., Peradotto, Carni, Pine and Gorski, JJ.