GERACE-MURDENT, LAURIE J. v. KIMMERER, LARKIN L. , 951 N.Y.S.2d 420 ( 2012 )

— Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered March 15, 2011 in a personal injury action. The order denied the motion of plaintiff for partial summary judgment on the issue of negligence.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on June 27 and 28, 2012,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present — Smith, J.P, Fahey, Peradotto, Garni and Sconiers, JJ.