Daniello v Powell
2009 NY Slip Op 04652 [63 AD3d 1665]
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


Allyson N. Daniello, Appellant, v Justin J. Powell et al., Respondents.

—[*1] Brindisi, Murad, Brindisi, Pearlman, Julian & Pertz, LLP, Utica (Anthony J. Brindisi of counsel), for plaintiff-appellant.

Law Office of Keith D. Miller, Liverpool (Keith D. Miller of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered May 6, 2008 in a personal injury action. The order granted the motion of defendants for summary judgment and dismissed the complaint.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on April 6, 2009,

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