Whitmore v Domenico
2008 NY Slip Op 00817 [48 AD3d 1088]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


Darlene L. Whitmore, Respondent, v Dean A. Domenico, Appellant.

—[*1] Greene, Hershdorfer & Sharpe, Syracuse (Lorraine R. Mertell of counsel), for defendant-appellant.

The Joyce Law Firm, Sherburne (Stephen P. Joyce of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered June 13, 2007 in a personal injury action. The order, inter alia, granted in part plaintiff's motion for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on January 2, 2008,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Hurlbutt, J.P., Smith, Centra, Lunn and Fahey, JJ.