Siciliano v Parrinello
2013 NY Slip Op 01727 [104 AD3d 1229]
March 15, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 24, 2013


Stanley Siciliano, Appellant, v John R. Parrinello, Esq., et al., Respondents. (Appeal No. 2.)

—[*1] Davidson Fink, LLP, Rochester (Paul D. Kelly of counsel), for plaintiff-appellant.

Hiscock & Barclay, LLP, Syracuse (Robert A. Barrer of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (James P. Murphy, J.), entered May 7, 2012. The order, insofar as appealed from, adhered to a prior determination that there are questions of fact on the issues of proximate cause and damages.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 15 and 19, 2013,

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