Leavines v Hueber-Breuer Constr. Co., Inc.
2011 NY Slip Op 06674 [87 AD3d 1283]
September 30, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 9, 2011


David Leavines, Respondent, v Hueber-Breuer Construction Co., Inc., et al., Appellants.

—[*1] Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Kevin E. Hulslander of counsel), for defendants-appellants.

Stanley Law Offices, LLP, Syracuse (Joseph P. Stanley of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered November 18, 2010 in a personal injury action. The order, insofar as appealed from, granted the motion of plaintiff for partial summary judgment pursuant to Labor Law § 240 (1) and denied in part the cross motion of defendants for summary judgment.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on May 18, 2011,

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