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Joseph Sykes v William Turner (2005 NY Slip Op 07102)

Decided on September 30, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GORSKI, MARTOCHE, PINE, AND LAWTON, JJ.
1039 CA 05-00717
[*1]JOSEPH SYKES AND MARY ELLEN FUSCO -SYKES, PLAINTIFFS -RESPONDENTS, ORDER
v

WILLIAM TURNER, DOING BUSINESS AS TURNER BUILDERS, DEFENDANT, AND NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, DEFENDANT -APPELLANT.
Appeal from an order of the Supreme Court, Chautauqua County (Stephen W. Cass, A.J.), entered
June 11, 2004. The order, insofar as appealed from, denied in part the motion of defendant New
York Central Mutual Fire Insurance Company to dismiss the complaint against it.

LAW OFFICE OF ROY A. MURA, BUFFALO (ROY A. MURA OF COUNSEL), FOR
DEFENDANT-APPELLANT.
WRIGHT, WRIGHT AND HAMPTON, JAMESTOWN (EDWARD P. WRIGHT OF COUNSEL),
FOR PLAINTIFFS-RESPONDENTS.
COHEN & LOMBARDO, P.C., BUFFALO (CHRISTOPHER M. DUGGAN OF COUNSEL),
AND SCIARRINO TE WINKLE & MILLER, ERIE, PENNSYLVANIA (L.C. TE WINKLE OF
COUNSEL), FOR DEFENDANT.

file:///C|/Users/Peter/Desktop/NY/5/2005_07102.htm[4/23/2013 10:09:50 AM] Joseph Sykes v William Turner (2005 NY Slip Op 07102)
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on June 23, 2005 and filed in the Chautauqua County Clerk's Office on July 18, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation. Entered: September 30, 2005 JoAnn M. Wahl
Clerk of the Court
file:///C|/Users/Peter/Desktop/NY/5/2005_07102.htm[4/23/2013 10:09:50 AM]

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