BRITT BIRD PLAINTIFF APPELLANT RESPONDENT v. APPEAL NO (2014)

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

BRITT BIRD, PLAINTIFF–APPELLANT–RESPONDENT, v. GEICO GENERAL INSURANCE COMPANY, DEFENDANT–RESPONDENT -APPELLANT. (APPEAL NO. 1.)

CA 14–00377

Decided: November 14, 2014

PRESENT: CENTRA, J.P., FAHEY, SCONIERS, WHALEN, AND DEJOSEPH, JJ.

LAW OFFICES OF WAYNE C. FELLE, P.C., WILLIAMSVILLE (ELIZABETH A. BRUCE OF COUNSEL), FOR PLAINTIFF–APPELLANT–RESPONDENT. LAW OFFICE OF DANIEL R. ARCHILLA, BUFFALO (LAUREN M. YANNUZZI OF COUNSEL), FOR DEFENDANT–RESPONDENT–APPELLANT.

ORDER

Appeal and cross appeal from an order of the Supreme Court, Erie County (Shirley Troutman, J.), entered May 22, 2013. The order, inter alia, granted in part the motion of plaintiff for leave to amend her complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 16, 2014,

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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