| Morrison v Cellu Tissue Firm |
| 2004 NY Slip Op 08351 [12 AD3d 1203] |
| Decided on November 19, 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 November 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, PINE, AND HURLBUTT, JJ.
1142 CA 04-00812
[*1]PAUL MORRISON, PLAINTIFF-APPELLANT, ORDER
v
CELLU TISSUE FIRM, KAMINE/BESICORP NATURAL DAM, L.P., KAMINE NATURAL DAM COGEN CO., INC., AND THE FONDA GROUP, INC., DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered June 25, 2003. The order denied plaintiff's motion for partial summary judgment pursuant to Labor Law § 240 (1) and granted defendants' cross motions for summary judgment dismissing the amended complaint.
STANLEY LAW OFFICES, SYRACUSE (JOSEPH P. STANLEY OF COUNSEL), FOR PLAINTIFF-APPELLANT.
WARD NORRIS HELLER & REIDY, LLP, ROCHESTER (ANDREW V. BODEWES OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Now, upon the stipulation discontinuing action signed by the attorneys for the parties on September 28, 2004 and filed in the Jefferson County Clerk's Office on October 15, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: November 19, 2004
JoAnn M. Wahl
Clerk of the Court