Opinion
No. CA 07-01754.
November 14, 2008.
Appeal from an order of the Court of Claims (Jeremiah J. Moriarty, III, J.), entered August 1, 2007 in a personal injury action. The order denied the motion of defendant for summary judgment dismissing the claim.
WILSON, ELSER, MOSKOWITZ, EDELMAN DICKER LLP, ALBANY (THOMAS M. WITZ OF COUNSEL), FOR DEFENDANT-APPELLANT.
BURDEN, GULISANO HICKEY, LLC, BUFFALO (DONNA L. BURDEN OF COUNSEL), FOR CLAIMANT-RESPONDENT. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 13 and 20, 2008,
Before: Centra, J.P., Fahey, Peradotto, Green and Gorski, JJ.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 13 and 20, 2008,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.