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Calvin Baker v. Frank Murano and Donna Murano

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


February 1, 2013

CALVIN BAKER, PLAINTIFF-APPELLANT,
v.
FRANK MURANO AND DONNA MURANO,
DEFENDANTS-RESPONDENTS.
FRANK MURANO AND DONNA MURANO, THIRD-PARTY PLAINTIFFS, WILLIAM PATTON,
DOING BUSINESS AS PATTON HOME IMPROVEMENT, THIRD-PARTY DEFENDANT.

Appeal from a judgment and order (one paper) of the Supreme Court, Monroe County (John J. Ark, J.), entered December 9, 2011.

Baker v Murano

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.

Released on February 1, 2013

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.

The judgment and order, insofar as appealed from, denied plaintiff's motion for partial summary judgment.

Now, upon the stipulation of settlement and discontinuance of action signed by the attorneys for the parties and filed in the Monroe County Clerk's Office on September 17, 2012,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: February 1, 2013 Frances E. Cafarell Clerk of the Court

20130201

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