Helmer v Association for the Blind & Visually Impaired-Goodwill Indus. of Greater Rochester, Inc.
2008 NY Slip Op 03731 [50 AD3d 1462]
April 25, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


Randy L. Helmer et al., Respondents, v Association for the Blind and Visually Impaired-Goodwill Industries of Greater Rochester, Inc., Appellant.

—[*1] Davidson Fink LLP, Rochester (Fernando Santiago of counsel), for defendant-appellant.

Faraci Lange, LLP, Rochester (Joseph A. Regan of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Monroe County (David M. Barry, J.), entered March 30, 2007 in a personal injury action. The order, insofar as appealed from, denied in part defendant's motion for summary judgment.

Now, upon the stipulation discontinuing action signed by the attorneys for the parties on March 27 and 31, 2008 and filed in the Monroe County Clerk's Office on April 3, 2008,

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