Worden v Simpson (2014 NY Slip Op 01939)

Worden v Simpson

2014 NY Slip Op 01939 [115 AD3d 1253]

March 21, 2014

Appellate Division, Fourth Department

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

As corrected through Wednesday, April 30, 2014

Stephanie L. Worden, Respondent, v Toni Simpson et al., Appellants.

—[*1] Adams, Hanson, Rego, Carlin, Kaplan & Fishbein, Albany (Paul G. Hanson of counsel), for defendants-appellants.

Michael A. Castle, Herkimer, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Herkimer County (Norman I. Siegel, J.), entered November 5, 2012. The order denied the motion of defendants for summary judgment.

Now, upon the stipulation discontinuing action signed by the attorneys for the parties on August 6, 2013, and filed in the Herkimer County Clerk's Office on August 27, 2013,

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