| Mauro v Nationwide Mut. Ins. Co. |
| 2005 NY Slip Op 03356 [17 AD3d 1173] |
| Decided on April 29, 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 April 29, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, GORSKI, SMITH, AND LAWTON, JJ.
238 CA 04-02574
[*1]JOHN R. MAURO, RONAYNE H. MAURO, JOHN T. NAGLE, SR., PATRICIA A. NAGLE AND COMFORT CARE COACHES, PLAINTIFFS-APPELLANTS- RESPONDENTS, ORDER
v
NATIONWIDE MUTUAL INSURANCE COMPANY, DEFENDANT-RESPONDENT-APPELLANT.
Appeal and cross appeal from an order of the Supreme Court, Onondaga County (Charles T. Major, J.), entered March 5, 2004 in an action for bad faith failure to settle and breach of contract. The order denied the motion and cross motion for summary judgment.
LYNN LAW FIRM, SYRACUSE (PATRICIA A. LYNN-FORD OF COUNSEL), FOR PLAINTIFFS-APPELLANTS-RESPONDENTS.
LAW OFFICES OF MICHAEL G. DONNELLY, NORTH SYRACUSE (MICHAEL G. DONNELLY OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT.
Now, upon reading and filing the stipulation discontinuing the appeal and cross appeal signed by the attorneys for the parties on January 7, 2005,
It is hereby ORDERED that said appeal and cross appeal be and the same hereby are unanimously dismissed without costs upon stipulation.
Entered: April 29, 2005
JoAnn M. Wahl
Clerk of the Court