| Spalla v Village of Brockport |
| 2004 NY Slip Op 07019 [11 AD3d 1051] |
| Decided on October 1, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on October 1, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: HURLBUTT, J.P., GORSKI, MARTOCHE, LAWTON, AND HAYES, JJ.
1232 CA 03-01766
[*1]ANTHONY L. SPALLA, PLAINTIFF-APPELLANT, ORDER
v
VILLAGE OF BROCKPORT, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. (ACTION NO. 1.) ———————————————————————————
ANTHONY L. SPALLA, PLAINTIFF-APPELLANT,
v
ADAM C. MESITI, MARK CUZZUPOLI, JOSEPH ROZZI, AND ARTHUR G. ZIMMER, DEFENDANTS-RESPONDENTS. (ACTION NO. 2.) ———————————————————————————
SASHA ESTERIANY, PLAINTIFF,
v
VILLAGE OF BROCKPORT, DEFENDANT. (ACTION NO. 3.) (APPEAL NO. 1.)
Appeals from an order of the Supreme Court, Monroe County (Andrew V. Siracuse, J.), entered January 2, 2003 in actions to recover damages for negligence. The order, among other things, granted the motion of defendant Village of Brockport in actions Nos. 1 and 3 and defendants in action No. 2 to join the actions for trial without consolidation and bifurcated the trial.
WALSH, ROBERTS & GRACE, BUFFALO (GERALD GRACE, JR., OF COUNSEL), FOR PLAINTIFF-APPELLANT.
GALLO & IACOVANGELO, LLP, ROCHESTER (JOSEPH B. RIZZO OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
HISCOCK, BARCLAY, ROCHESTER (SCOTT P. ROGOFF OF COUNSEL), FOR DEFENDANTS RICHARD DOUYON AND MICHELLE D. JONES.
KAREN SANDERS, ROCHESTER, FOR PLAINTIFF.
Now, upon reading and filing the stipulation discontinuing consolidated appeals signed [*2]by the attorneys for the parties on August 27, 2004,
It is hereby ORDERED that said appeals be and the same hereby are unanimously dismissed without costs upon stipulation.
Entered: October 1, 2004
JoAnn M. Wahl
Clerk of the Court