Olszewski v Hall (2009 NY Slip Op 05414)

Olszewski v Hall

2009 NY Slip Op 05414 [64 AD3d 1137]

July 2, 2009

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, September 2, 2009

John L. Olszewski, Individually and as Parent and Natural Guardian of Nicholas J. Olszewski, an Infant, Respondent, v Thomas B. Hall et al., Defendants, and SCI Funeral Services of New York, Inc., Doing Business as Pirro & Sons Funeral Home, Appellant.

—[*1] Barrett Lazar, LLC, Forest Hills (Marc B. Schuley of counsel), for defendant-appellant.

Bottar Leone, PLLC, Syracuse (Edward S. Leone of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered October 29, 2007 in a personal injury action. The order denied the motion of defendant SCI Funeral Services of New York, Inc., doing business as Pirro & Sons Funeral Home, for summary judgment dismissing the amended complaint against it.

Now, upon the stipulation of discontinuance of appeal and settlement of action signed by the attorneys for the parties to the appeal on May 27, 2009 and filed in the Onondaga County Clerk's Office on June 17, 2009,

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