SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
June 8, 2012
STATE OF NEW YORK,
DEFENDANT-APPELLANT. (CLAIM NO. 115287.)
Appeal from an order of the Court of Claims (Diane L. Fitzpatrick, J.), entered March 15, 2011 in a personal injury action.
Murphy v State of New York
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 June 8, 2012
PRESENT: SCUDDER, P.J., SMITH, FAHEY, LINDLEY, AND MARTOCHE, JJ.
The order sanctioned defendant for spoliation of evidence.
Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on May 21, 2012,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
Entered: June 8, 2012
Frances E. Cafarell Clerk of the Court
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