| Matter of Armstrong v City of Buffalo |
| 2004 NY Slip Op 00824 [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.
121 CA 03-00994
[*1]MATTER OF EDWARD ARMSTRONG, JR., PETITIONER-RESPONDENT, ORDER
v
CITY OF BUFFALO, CITY OF BUFFALO DEPARTMENT OF FIRE, ANTHONY MASIELLO, MAYOR OF CITY OF BUFFALO, CALVIN G. WORTHY, COMMISSIONER OF BUFFALO FIRE DEPARTMENT, LOUIS GIARDINA, DIRECTOR OF LABOR RELATIONS OF CITY OF BUFFALO, AND MICHAEL B. RISMAN, CORPORATION COUNSEL OF CITY OF BUFFALO, RESPONDENTS-APPELLANTS.
Appeal from a judgment (denominated order) of the Supreme Court, Erie County (John F. O'Donnell, J.), entered January 30, 2003 in a proceeding pursuant to CPLR article 78. The judgment granted the petition and ordered respondents to pay General Municipal Law § 207-a (2) benefits to petitioner.
MICHAEL B. RISMAN, CORPORATION COUNSEL, BUFFALO (JEFFREY E. REED OF COUNSEL), RESPONDENT-APPELLANT PRO SE, AND FOR CITY OF BUFFALO, CITY OF BUFFALO DEPARTMENT OF FIRE, ANTHONY MASIELLO, MAYOR OF CITY OF BUFFALO, CALVIN G. WORTHY, COMMISSIONER OF BUFFALO FIRE DEPARTMENT, AND LOUIS GIARDINA, DIRECTOR OF LABOR RELATIONS OF CITY OF BUFFALO, RESPONDENTS-APPELLANTS.
SCHWAN & SAMMARCO, BUFFALO (TRACY SAMMARCO OF COUNSEL), FOR PETITIONER-RESPONDENT.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on January 14, 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