THOMAS JOHNSON INC PLAINTIFF APPELLANT RESPONDENT v. THE STATE INSURANCE FUND DEFENDANT RESPONDENT APPELLANT (2011)

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

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

CA 11–00396

Decided: December 23, 2011

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

SLIWA & LANE, BUFFALO (KEVIN A. LANE OF COUNSEL), FOR PLAINTIFF–APPELLANT–RESPONDENT. HERZFELD & RUBIN, P.C., NEW YORK CITY (DAVID B. HAMM OF COUNSEL), FOR DEFENDANT–RESPONDENT–APPELLANT.

ORDER

PHILLIPS LYTLE LLP, BUFFALO (WILLIAM D. CHRIST OF COUNSEL), FOR NON–PARTY MOVANTS SEVENSON ENVIRONMENTAL SERVICES, INC. AND PHILLIPS LYTLE, LLP.

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

Frances E. Cafarell

Clerk of the Court

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