Rudnik v Petinaud
2012 NY Slip Op 07487 [100 AD3d 1424]
November 9, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


Timothy A. Rudnik et al., Plaintiffs, v Gladston C. Petinaud, Defendant/Third-Party Plaintiff-Respondent. Sarah C. Joyce, Third-Party Defendant-Appellant.

—[*1] O'Neill, Grosso & Brownell, Williamsville (Kevin M. O'Neill of counsel), for third-party defendant-appellant.

Law Offices of Daniel R. Archilla, Buffalo (Jill Florkowski of counsel), for third-party plaintiff-respondent.

Collins & Collins, LLP, Buffalo (Roman J. Fontana of counsel), for plaintiffs.

Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered March 24, 2011 in a personal injury action. The order, among other things, denied the motion of third-party defendant for summary judgment dismissing the third-party complaint.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on June 19, 2012, and filed in the Erie County Clerk's Office on July 12, 2012,

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