Bird v GEICO Gen. Ins. Co.
2014 NY Slip Op 07855 [122 AD3d 1321]
November 14, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 31, 2014


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 Britt Bird, Appellant-Respondent, v GEICO General Insurance Company, Respondent-Appellant. (Appeal No. 1.)

Law Offices of Wayne C. Felle, P.C., Williamsville (Elizabeth A. Bruce of counsel), for plaintiff-appellant-respondent.

Law Office of Daniel R. Archilla, Buffalo (Lauren M. Yannuzzi of counsel), for defendant-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Erie County (Shirley Troutman, J.), entered May 22, 2013. The order, inter alia, granted in part the motion of plaintiff for leave to amend her complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 16, 2014, it is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Fahey, Sconiers, Whalen and DeJoseph, JJ.