MAGIC CIRCLE MUSIC LTD AND JOEY DEMAIO PLAINTIFFS RESPONDENTS APPELLANTS v. ALESSANDRO STAROPOLI AND LUCA TURILLI INDIVIDUALLY AND AS MEMBERS OF THE MUSICAL GROUP RHAPSODY OF FIRE FORMERLY KNOWN AS RHAPSODY DEFENDANTS APPELLANTS RESPONDENTS (2010)

Supreme Court, Appellate Division, Fourth Department, New York.

MAGIC CIRCLE MUSIC, LTD., AND JOEY DEMAIO, PLAINTIFFS-RESPONDENTS -APPELLANTS, v. ALESSANDRO STAROPOLI AND LUCA TURILLI, INDIVIDUALLY AND AS MEMBERS OF THE MUSICAL GROUP “RHAPSODY OF FIRE,” FORMERLY KNOWN AS “RHAPSODY,” DEFENDANTS-APPELLANTS -RESPONDENTS.

CA 10-00729

Decided: October 01, 2010

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

BOND, SCHOENECK & KING, PLLC, SYRACUSE (JOHN G. MCGOWAN OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS. DAVID B. THURSTON, AUBURN, FOR PLAINTIFFS-RESPONDENTS-APPELLANTS.

ORDER

Appeal and cross appeal from an order of the Supreme Court, Cayuga County (Kenneth R. Fisher, J.), entered July 31, 2009. The order denied the motion of defendants to dismiss the complaint and to vacate the default judgment against defendant Luca Turilli.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 3 and June 1, 2010,

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

Patricia L. Morgan

Clerk of the Court

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