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Thomas Johnson, Inc v. the State Insurance Fund

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


December 23, 2011

THOMAS JOHNSON, INC.,
PLAINTIFF-APPELLANT-RESPONDENT,
v.
THE STATE INSURANCE FUND,
DEFENDANT-RESPONDENT-APPELLANT.

Appeal and cross appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered April 20, 2010.

Thomas Johnson, Inc. v State Ins. Fund

Decided on December 23, 2011

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.

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.

The order, inter alia, granted the motion of defendant for summary judgment and denied the cross motion of plaintiff for summary judgment.

Now, upon reading and filing the stipulation discontinuing appeals signed by the attorneys for the parties on September 13, 2011,

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

Entered: December 23, 2011

Frances E. Cafarell Clerk of the Court

20111223

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