WALESKI, JEAN M. v. CITY OF SYRACUSE

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1048 CA 10-00137 PRESENT: MARTOCHE, J.P., CARNI, GREEN, PINE, AND GORSKI, JJ. JEAN M. WALESKI, PLAINTIFF-RESPONDENT, V ORDER CITY OF SYRACUSE, SYRACUSE POLICE DEPARTMENT AND SEAN CARLEO, DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) JUANITA PEREZ WILLIAMS, CORPORATION COUNSEL, SYRACUSE (NANCY J. LARSON OF COUNSEL), FOR DEFENDANTS-APPELLANTS. SIDNEY P. COMINSKY TRIAL LAWYERS, LLC, SYRACUSE (SIDNEY P. COMINSKY OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered August 10, 2009 in a personal injury action. The order, insofar as appealed from, denied the motion of defendants for summary judgment and granted the cross motion of plaintiff for leave to amend her complaint. Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties on December 21, 2010, It is hereby ORDERED that said appeal is dismissed without costs upon stipulation. All concur except PINE, J., who is not participating. Entered: February 10, 2011 Patricia L. Morgan Clerk of the Court