Baker v Murano

Baker v Murano 2013 NY Slip Op 00623 Released on February 1, 2013 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 February 1, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.
1391 CA 12-01134

[*1]CALVIN BAKER, PLAINTIFF-APPELLANT,

v

FRANK MURANO AND DONNA MURANO, DEFENDANTS-RESPONDENTS. FRANK MURANO AND DONNA MURANO, THIRD-PARTY PLAINTIFFS, WILLIAM PATTON, DOING BUSINESS AS PATTON HOME IMPROVEMENT, THIRD-PARTY DEFENDANT.


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.


SEGAR & SCIORTINO PLLC, ROCHESTER (STEPHEN A. SEGAR OF COUNSEL), FOR PLAINTIFF-APPELLANT.
HISCOCK & BARCLAY, LLP, ROCHESTER (ROBERT M. SHADDOCK OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. 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.
Entered: February 1, 2013
Frances E. Cafarell
Clerk of the Court