God of Thunder Prods., Inc. v Staropoli
2010 NY Slip Op 06881 [77 AD3d 1328]
October 1, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 15, 2010


God of Thunder Productions, Inc., Respondent-Appellant, v Alessandro Staropoli et al., Individually and as Members of the Musical Group Rhapsody of Fire, Formerly Known as Rhapsody, Appellants-Respondents.

—[*1] Bond, Schoeneck & King, PLLC, Syracuse (John G. McGowan of counsel), for defendants-appellants-respondents.

The Thurston Law Office, P.C., Auburn (David B. Thurston of counsel), for plaintiff-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Cayuga County (Kenneth R. Fisher, J.), entered July 31, 2009 in a breach of contract action. The order denied the motion of defendants to dismiss the complaint and to vacate the default judgment against defendant Luca Turilli.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 3 and June 1, 2010,

It is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Peradotto, Lindley, Sconiers and Gorski, JJ.