Baker v Murano
2013 NY Slip Op 00623 [103 AD3d 1149]
February 1, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 27, 2013


Calvin Baker, Appellant, v Frank Murano et al., Respondents and Third-Party Plaintiffs, et al., Third-Party Defendant.

—[*1] Segar & Sciortino PLLC, Rochester (Stephen A. Segar of counsel), for plaintiff-appellant.

Hiscock & Barclay, LLP, Rochester (Robert M. Shaddock of counsel), for defendants-respondents.

Appeal from a judgment and order (one paper) of the Supreme Court, Monroe County (John J. Ark, J.), entered December 9, 2011. The judgment and order, insofar as appealed from, denied plaintiff's motion for partial summary judgment.

Now, upon the stipulation of settlement and discontinuance of action signed by the attorneys for the parties and filed in the Monroe County Clerk's Office on September 17, 2012,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Peradotto, Lindley, Valentino and Whalen, JJ.