Matter of Maurer v Village of Hamburg
2004 NY Slip Op 00817 [4 AD3d 897]
Decided on February 11, 2004
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on February 11, 2004
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PIGOTT, JR., P.J., GREEN, PINE, GORSKI, AND LAWTON, JJ.

113 CA 03-01801

[*1]MATTER OF PATRICIA MAURER, PETITIONER-RESPONDENT, ORDER

v

VILLAGE OF HAMBURG, RESPONDENT-APPELLANT.



Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered December 17, 2002. The order granted petitioner's application to serve a late notice of claim pursuant to General Municipal Law § 50-e (5).


VOLGENAU & BOSSE, LLP, BUFFALO (HOLLY C. HECKER OF COUNSEL), FOR RESPONDENT-APPELLANT.
JOSEPH W. STADLER, KENMORE, FOR PETITIONER-RESPONDENT. Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties on January 7, 2004.


It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: February 11, 2004
JoAnn M. Wahl
Clerk of the Court