Joanne M.M. v Marseglia
2007 NY Slip Op 10195 [46 AD3d 1334]
December 21, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 13, 2008


Joanne M.M., an Infant, by Her Parents and Natural Guardians, Joseph M. et al., et al., Appellants, v Luigi Marseglia et al., Respondents.

[*1] Carl L. Feinstock, Rochester, for plaintiffs-appellants.

Dixon & Hamilton, LLP, Getzville (Harry T. Dixon, Jr., of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered February 8, 2007 in a personal injury action. The order granted defendants' motion for a stay of the trial.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on October 31 and November 14, 2007 and filed in the Monroe County Clerk's Office on November 20, 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, Centra and Fahey, JJ.