Turner v Vulcan
2010 NY Slip Op 01198 [70 AD3d 1401]
February 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010


Liza A. Turner, Individually, and as Administratrix of the Estate of Brian K. Turner, Deceased, and as Parent and Natural Guardian of Courtney Turner and Others, Infants, Respondent, v Steve M. Vulcan et al., Defendants, and Baldwinsville Lodge No. 644, Loyal Order of Moose, Appellant.

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Lewis Brisbois Bisgaard & Smith LLP, New York City (George Catlett of counsel), for defendant-appellant.

Germain & Germain, LLP, Syracuse (Paul A. Germain of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered December 1, 2008 in an action for, inter alia, wrongful death. The order, insofar as appealed from, denied in part the motion of defendant Baldwinsville Lodge No. 644, Loyal Order of Moose, for summary judgment.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties to the appeal on December 1, 2009, it is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Peradotto, Lindley, Green and Gorski, JJ.