Johnson v Rose
2010 NY Slip Op 05194 [74 AD3d 1864]
June 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 25, 2010


Connie L. Johnson, Respondent, v Joshua G. Rose et al., Appellants.

[*1] Levene, Gouldin & Thompson, Binghamton (Maria Lisi-Murray of counsel), for defendants-appellants. Law Office of Jacob P. Welch, Corning (Jacob P. Welch of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Steuben County (Marianne Furfure, A.J.), entered May 14, 2009 in a personal injury action. The order, among other things, denied defendants' motion for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on March 22, 2010, it is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Martoche, J.P., Fahey, Carni, Sconiers and Green, JJ.