McDay v. State — 85 A.D.3d 1616

Majority

p. 1616

Keith McDay, Appellant, v State of New York, Respondent.

(Claim No. 116701.)

[924 NYS2d 891]

Appeal from an order of the Court of Claims (Renee Forgensi Minarik, J.), entered July 1, 2010. The order denied the motion of claimant for partial summary judgment.

Now, upon reading and filing the stipulation of settlement and discontinuance signed by claimant on April 5, 2011 and by the attorney for defendant on April 8, 2011,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present — Scudder, P.J., Peradotto, Lindley, Green and Gorski, JJ.