Gdaniec v Corigliano
2009 NY Slip Op 04484 [63 AD3d 1544]
June 5, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


Deborah Gdaniec, Individually and as Administrator of the Estate of Joseph F. Gdaniec, Deceased, Appellant-Respondent,
v
Joseph Corigliano, D.O., et al., Respondents-Appellants.

—[*1] Cantor, Lukasik, Dolce & Panepinto, P.C., Buffalo (Edward L. Smith, III, of counsel), for plaintiff-appellant-respondent.

Connors & Vilardo, LLP, Buffalo (John T. Loss of counsel), for defendants-respondents-appellants.

Appeal and cross appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered October 2, 2007 in a medical malpractice action. The order, among other things, granted defendants' motion to set aside the jury verdict and granted a new trial.

Now, upon the stipulation of discontinuance of action signed by the attorneys for the parties on April 29, 2009 and filed in the Erie County Clerk's Office on May 21, 2009,

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