Bessette v Donnelly
2008 NY Slip Op 09199 [56 AD3d 1253]
November 21, 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


Brooke Bessette, Respondent, v Glenn A. Donnelly et al., Appellants.

—[*1] Osborn, Reed & Burke, LLP, Rochester (L. Damien Costanza of counsel), for defendants-appellants Glenn A. Donnelly and Patrick J. Donnelly.

Law Offices of Michael G. Donnelly, North Syracuse (Michael G. Donnelly of counsel), for defendant-appellant Daniel Wilkinson.

Costello, Cooney & Fearon, PLLC, Syracuse (Shelly L. DiBenedetto of counsel), for plaintiff-respondent.

Appeals from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered December 10, 2007 in a personal injury action. The order granted plaintiff's motion for partial summary judgment and denied the motions of defendants for summary judgment.

Now, upon the stipulation of discontinuance of action signed by the attorneys for the parties on September 25, 2008 and filed in the Onondaga County Clerk's Office on October 24, 2008,

It is hereby ordered that said appeals are unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Lunn, Peradotto, Green and Pine, JJ.