Morris v State of New York
2008 NY Slip Op 08932 [56 AD3d 1236]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


Dale J. Morris, Individually and as Parent and Natural Guardian of Stephanie Morris, an Infant, Respondent, v State of New York, Appellant. (Claim No. 106569.)

—[*1] Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Albany (Thomas M. Witz of counsel), for defendant-appellant.

Burden, Gulisano & Hickey, LLC, Buffalo (Donna L. Burden of counsel), for claimant-respondent.

Appeal from an order of the Court of Claims (Jeremiah J. Moriarty, III, J.), entered August 1, 2007 in a personal injury action. The order denied the motion of defendant for summary judgment dismissing the claim.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 13 and 20, 2008,

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