| Meggesto-brown v Tucker |
| 2005 NY Slip Op 00764 [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: HURLBUTT, J.P., GORSKI, MARTOCHE, SMITH, AND LAWTON, JJ.
120 CA 04-02064
[*1]MARY ELLEN MEGGESTO-BROWN, PLAINTIFF-RESPONDENT, ORDER
v
J.C. TUCKER AND CITY OF SYRACUSE, DEFENDANTS-APPELLANTS.
Appeal from an order of the Supreme Court, Onondaga County (Thomas J. Murphy, J.), entered September 2, 2004. The order, insofar as appealed from, denied that part of defendants' motion seeking summary judgment dismissing the complaint in a personal injury action.
TERRI BRIGHT, CORPORATION COUNSEL, SYRACUSE (NANCY J. LARSON OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
MEGGESTO CROSSETT & VALERINO, SYRACUSE (JAMES A. MEGGESTO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on November 12, 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