Thayer v Brooks
2009 NY Slip Op 06955 [66 AD3d 1395]
October 2, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


William C. Thayer, Respondent, v Sean W. Brooks, Appellant.

—[*1] Burke, Scolamiero, Mortati & Hurd, LLP, Albany (Jeffrey Earl Hurd of counsel), for defendant-appellant.

Lockwood & Golden, Utica (Lawrence W. Golden of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered September 23, 2008 in a personal injury action. The order, insofar as appealed from, denied defendant's motion to dismiss the complaint.

Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties on July 8, 2009,

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