Opinion
No. CA 08-01405.
December 31, 2008.
Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered September 27, 2007. The order equitably apportioned the lien of the State Insurance Fund pursuant to Workers' Compensation Law § 29 (1) on the proceeds of the settlement of plaintiff's' personal injury action.
GREGORY J. ALLEN, BUFFALO (THOMAS P. ETZEL OF COUNSEL), FOR Appellant.
PAUL WILLIAM BELTZ, P.C., BUFFALO (DEBRA A. NORTON OF COUNSEL), FOR plaintiff's-RESPONDENTS.
Before: Hurlbutt, J.P., Martoche, Smith, Peradotto and Green, JJ.
Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on November 24, 2008,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.