Michael v State of New York

Michael v State of New York 2010 NY Slip Op 01129 [70 AD3d 1349] February 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

Luke Michael, Respondent, v State of New York, Appellant. (Claim No. 111667.)

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Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Patrick B. Sardino of counsel), for defendant-appellant.

Hancock & Estabrook, LLP, Syracuse (Thomas C. Cambier of counsel), for claimant-respondent.

Appeal from an order of the Court of Claims (Diane L. Fitzpatrick, J.), entered March 27, 2009 in a personal injury action. The order, insofar as appealed from, denied in part defendant's motion for summary judgment.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on December 8, 2009, it is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Centra, Fahey, Green and Pine, JJ.