Murphy v State of New York
2012 NY Slip Op 04604 [96 AD3d 1501]
June 8, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


Susan Murphy, Respondent, v State of New York, Appellant. (Claim No. 115287.)

—[*1] Sugarman Law Firm, LLP, Syracuse (David C. Bruffett, Jr., of counsel), for defendant-appellant.

Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Michelle M. Davoli of counsel), for claimant-respondent.

Appeal from an order of the Court of Claims (Diane L. Fitzpatrick, J.), entered March 15, 2011 in a personal injury action. The order sanctioned defendant for spoliation of evidence.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on May 21, 2012,

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