Hudson v Mercer Mills Apts.
2008 NY Slip Op 07295 [55 AD3d 1257]
October 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


Heather Hudson et al., Individually and as Parents and Natural Guardians of Russell Wing, Jr., and Another, Respondents, v Mercer Mills Apartments et al., Appellants.

—[*1] Goldberg Segalla LLP, Rochester (Gary O'Donnell of counsel), for defendants-appellants.

DeFrancisco Law Firm, Syracuse (Jeff D. DeFrancisco of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered August 31, 2007. The order, among other things, granted plaintiffs' motion for leave to amend the complaint to add a claim for punitive damages.

Now, upon the stipulation discontinuing action signed by the attorneys for the parties on April 18, 2008 and filed in the Onondaga County Clerk's Office on June 10, 2008,

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