*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 553.1/14

CA 13-01696

PRESENT: SCUDDER, P.J., FAHEY, LINDLEY, VALENTINO, AND WHALEN, JJ. ACEA M. MOSEY, AS ADMINISTRATRIX OF THE ESTATE

OF OLIVE REIMANN, DECEASED,

PLAINTIFF-RESPONDENT,

V ORDER PARIS CHILDS, DEFENDANT-APPELLANT, ET AL., DEFENDANT.

ZDARSKY, SAWICKI & AGOSTINELLI, LLP, BUFFALO (K. MICHAEL SAWICKI OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Erie County (Kevin M.

Dillon, J.), entered July 17, 2013. The order, among other things, denied the cross motion of defendant Paris Childs for partial summary judgment.

Now, upon the order and judgment (one paper) of the Supreme Court, Erie County (Jeremiah J. Moriarty, III, J.), entered June 24, 2014,

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

All concur except F AHEY , J., who is not participating. Entered: November 13, 2015 Frances E. Cafarell

Clerk of the Court