Gonzalez v State of New York
2008 NY Slip Op 10252 [57 AD3d 1361]
December 31, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


Sharlene R. Gonzalez, Also Known as Sharlene Nunez, as Executrix of Hector M. Gonzalez, Sr., Deceased, Respondent,
v
State of New York, Appellant. (Claim No. 90644.) (Appeal No. 1.)

—[*1] Andrew M. Cuomo, Attorney General, Albany (Michael S. Buskus of counsel), for defendant-appellant.

Bond, Schoeneck & King, PLLC, Syracuse (H.J. Hubert of counsel), for claimant-respondent.

Appeal from a judgment of the Court of Claims (Nicholas V. Midey, Jr., J.), entered April 26, 2007. The judgment awarded money damages to plaintiff after a nonjury trial.

Now, upon reading and filing the stipulation of settlement signed by the attorneys for the parties on October 21, 2008,

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