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Melius v. General Motors Corp.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 31, 2008

ROGER R. MELIUS, SR., AND DAWN MELIUS, PLAINTIFFS-RESPONDENTS,
v.
GENERAL MOTORS CORPORATION, ET AL., DEFENDANTS. (ACTION NO. 1.)
ROGER R. MELIUS, SR., AND DAWN MELIUS, PLAINTIFFS-RESPONDENTS,
v.
CANADIAN FRAM LIMITED, ALSO KNOWN AS OR FORMERLY KNOWN AS BENDIX ELECTRONICS LIMITED AND/OR BENDIX ENGINE COMPONENTS LIMITED, ET AL., DEFENDANTS. (ACTION NO. 2.) STATE INSURANCE FUND, APPELLANT.

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered September 27, 2007. The order equitably apportioned the lien of the State Insurance Fund pursuant to Workers' Compensation Law § 29 (1) on the proceeds of the settlement of plaintiffs' personal injury action.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: HURLBUTT, J.P., MARTOCHE, SMITH, PERADOTTO, AND GREEN, JJ.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on November 24, 2008,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

20081231

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