*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 169

CA 10-01818

PRESENT: SMITH, J.P., CARNI, SCONIERS, GREEN, AND GORSKI, JJ. JEAN M. WALESKI, PLAINTIFF-RESPONDENT,

V ORDER CITY OF SYRACUSE, SYRACUSE POLICE DEPARTMENT,

AND SEAN CARLEO, DEFENDANTS-APPELLANTS.

(APPEAL NO. 2.)

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 April 2, 2010 in a personal injury action. The order, insofar as appealed from, denied the cross motion of defendants to bifurcate the liability and damages phases of trial.

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 unanimously dismissed without costs upon stipulation.

Entered: February 10, 2011 Patricia L. Morgan

Clerk of the Court