Murch v First United Methodist Church of Canandaigua

Murch v First United Methodist Church of Canandaigua 2010 NY Slip Op 08262 [78 AD3d 1588] November 12, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 19, 2011

Scott Murch, Respondent, v First United Methodist Church of Canandaigua, Appellant.

—[*1] Bond, Schoeneck & King, PLLC, Syracuse (Richard L. Weber of counsel), for defendant-appellant.

Fitzsimmons, Nunn, Fitzsimmons & Plukas, LLP, Rochester (Mark S. Nunn of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered June 1, 2009 in a personal injury action. The order, among other things, granted plaintiff's motion for partial summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on August 25, 2010, and filed in the Monroe County Clerk's Office on September 17, 2010,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Smith, Carni, Lindley and Green, JJ.