Miller v Van Roon (2011 NY Slip Op 09360)

Miller v Van Roon

2011 NY Slip Op 09360 [90 AD3d 1461]

December 23, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 1, 2012

Linda S. Miller, as Administratrix of the Estate of Eric Robert Scott, Deceased, Respondent, v Frederikus Van Roon, Appellant.

—[*1] Hagelin Kent LLC, Rochester (Victor M. Wright of counsel), for defendant-appellant.

Laduca Law Firm, LLP, Rochester (Anthony J. Laduca of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered April 2, 2010 in a personal injury action. The order granted plaintiff's motion for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on June 6, 2011, and filed in the Monroe County Clerk's Office on July 18, 2011,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Fahey, Peradotto, Lindley and Martoche, JJ.