| Moon v Daniele |
| 2004 NY Slip Op 09772 [13 AD3d 1232] |
| Decided on December 30, 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 December 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, SMITH, AND HAYES, JJ.
1733 CA 04-01640
[*1]SAMANTHA J. MOON, PLAINTIFF-RESPONDENT, ORDER
v
NICHOLAS DANIELE AND VINCENT DANIELE, DEFENDANTS-APPELLANTS.
Appeal from an order of the Supreme Court, Monroe County (Robert J. Lunn, J.), entered March 9, 2004. The order granted plaintiff's motion for partial summary judgment in a personal injury action.
BURKE, ALBRIGHT, HARTER & REDDY, LLP, ROCHESTER (MICHAEL A. REDDY OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
CELLINO & BARNES, P.C., ROCHESTER (SCOTT K. ROHRING OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on September 15, 2004 and filed in the Monroe County Clerk's Office on November 17, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: December 30, 2004
JoAnn M. Wahl
Clerk of the Court