Roach v Marra
2011 NY Slip Op 02274 [82 AD3d 1683]
March 25, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


Theresa Roach, Respondent, v Joseph V. Marra et al., Appellants.

—[*1] Law Offices of Laurie G. Ogden, Buffalo (Leo T. Fabrizi of counsel), for defendants-appellants.

John F. Donohue, Tonawanda, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered April 22, 2010 in a personal injury action. The order granted the motion of plaintiff for summary judgment on the issue of liability, sua sponte granted plaintiff summary judgment on the issue of threshold injury and denied the cross motion of defendants for summary judgment.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on February 11 and 22, 2011,

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