Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered May 18, 2009 in a personal injury action. The order denied a motion by defendant Noco Express, a Division of Noco Energy Corp., to set aside the jury verdict and for a new trial.
Appellate Division, Fourth Department
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.
Decided on December 30, 2010
PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, SCONIERS, AND PINE, JJ.
Now, upon the stipulation of discontinuance of action signed by the attorneys for the parties on November 16, 2010, and filed in the Erie County Clerk's Office on November 22, 2010, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
Entered: December 30, 2010
Patricia L. Morgan Clerk of the Court
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