Soulier v Radiator Specialty Co.
2009 NY Slip Op 00909 [59 AD3d 1061]
February 6, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


Charles Soulier et al., Respondents, v Radiator Specialty Company et al., Defendants, and Safety-Kleen Systems, Inc., Appellant.

—[*1] Petrone & Petrone, P.C., Syracuse (David H. Walsh, IV, of counsel) and Jones Carr McGoldrick, L.L.P., Dallas, Tex., for defendant-appellant.

McMahon, Kublick & Smith, P.C., Syracuse, Shrader & Associates, LLP, Houston, Tex. (Ross D. Stomel of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, J.), entered February 6, 2008. The order, insofar as appealed from, directed defendant Safety-Kleen Systems, Inc. to provide discovery responses to plaintiffs.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on December 23, 2008,

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