Hamill v Town of Greece
2005 NY Slip Op 00692 [15 AD3d 1014]
Decided on February 4, 2005
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 February 4, 2005
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: GREEN, J.P., HURLBUTT, SCUDDER, LAWTON, AND HAYES, JJ.

37 CA 04-01921

[*1]GARY J. HAMILL, PLAINTIFF-RESPONDENT, ET AL., PLAINTIFF, ORDER

v

TOWN OF GREECE, DEFENDANT-APPELLANT.



Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered May 17, 2004. The order granted plaintiffs' motion for a new trial on the issue of future lost wages only.


HISCOCK & BARCLAY, LLP, ROCHESTER (GARY H. ABELSON OF COUNSEL), FOR DEFENDANT-APPELLANT.
MORAN & KUFTA P.C., ROCHESTER (PAUL A. MARASCO OF COUNSEL), FOR PLAINTIFF-RESPONDENT AND PLAINTIFF. Now, upon the stipulation discontinuing action signed by the attorneys for the parties on October 15, 2004 and filed with the Monroe County Clerk's Office on November 15, 2004,


It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: February 4, 2005
JoAnn M. Wahl
Clerk of the Court