Rudnik v Petinaud

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Rudnik v Petinaud 2012 NY Slip Op 07487 Released on November 9, 2012 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Released on November 9, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: FAHEY, J.P., PERADOTTO, CARNI, AND MARTOCHE, JJ.
1112 CA 11-02561

[*1]TIMOTHY A. RUDNIK, ET AL., PLAINTIFFS,

v

GLADSTON C. PETINAUD, DEFENDANT. GLADSTON C. PETINAUD, THIRD-PARTY PLAINTIFF-RESPONDENT, SARAH C. JOYCE, THIRD-PARTY DEFENDANT-APPELLANT.


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.


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.
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.
Entered: November 9, 2012
Frances E. Cafarell
Clerk of the Court

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