Wiley v New York Cent. Mut. Fire Ins. Co.
2007 NY Slip Op 07164 [43 AD3d 1358]
September 28, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 7, 2007


Kathleen A. Wiley et al., Respondents, v New York Central Mutual Fire Insurance Company, Appellant.

—[*1] Brown & Kelly, LLP, Buffalo (Renata Kowalczuk of counsel), for defendant-appellant.

O'Brien & Boyd, P.C., Williamsville (Christopher J. O'Brien of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered July 10, 2006 in a personal injury action. The order, among other things, denied defendant's motion for a protective order.

Now, upon reading and filing the stipulation to withdrawal of appeal signed by the attorneys for the parties on August 28, 2007,

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation. Present—Hurlbutt, J.P., Martoche, Smith, Lunn and Peradotto, JJ.