Greene v Avoca Cent. School Dist.
2009 NY Slip Op 09907 [68 AD3d 1791]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


Terrance D. Greene et al., Respondents, v Avoca Central School District, Appellant.

—[*1] Coughlin & Gerhart, LLP, Binghamton (Keith A. O'Hara of counsel), for defendant-appellant.

Learned, Reilly, Learned & Hughes, LLP, Elmira (Scott J. Learned of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Steuben County (Marianne Furfure, A.J.), entered February 20, 2009 in a personal injury action. The order denied the motion of defendant for summary judgment dismissing the complaint.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on September 18, 2009 and filed in the Steuben County Clerk's Office on September 22, 2009,

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