Opinion
No. CA 09-01306.
December 30, 2009.
Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered September 16, 2008. The order granted the application of claimant for leave to serve a late notice of claim.
CHARLES G. JOHNSON, ROCHESTER (MICHAEL E. DAVIS OF COUNSEL), FOR RESPONDENT-APPELLANT.
FITZSIMMONS, NUNN, FITZSIMMONS PLUKAS, LLP, ROCHESTER (RICHARD A. PLUKAS OF COUNSEL), FOR CLAIMANT-RESPONDENT.
Present: Centra, J.P., Peradotto, Green and Pine, JJ.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on November 11, 2009, and filed in the Monroe County Clerk's Office on December 4, 2009,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.