Melius v General Motors Corp.
2008 NY Slip Op 10354 [57 AD3d 1467]
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


Roger R. Melius, Sr., et al., Respondents, v General Motors Corporation et al., Defendants. (Action No. 1.) Roger R. Melius, Sr., et al., Respondents,
v
Canadian Fram Limited, Also Known as or Formerly Known as Bendix Electronics Limited and/or Bendix Engine Components Limited, et al., Defendants. (Action No. 2.)

—[*1] Gregory J. Allen, Buffalo (Thomas P. Etzel of counsel), for appellant.

Paul William Beltz, P.C., Buffalo (Debra A. Norton of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered September 27, 2007. The order equitably apportioned the lien of the State Insurance Fund pursuant to Workers' Compensation Law § 29 (1) on the proceeds of the settlement of plaintiffs' personal injury action.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on November 24, 2008,

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