| Am. Food & Vending Corp. v City of Syracuse |
| 2004 NY Slip Op 03248 [6 AD3d 1247] |
| Decided on April 30, 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 April 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., PINE, SCUDDER, KEHOE, AND GORSKI, JJ.
301 CA 03-02077
[*1]AMERICAN FOOD & VENDING CORPORATION, PLAINTIFF-RESPONDENT, ORDER
v
CITY OF SYRACUSE, DEFENDANT-APPELLANT, ET AL., DEFENDANT. (APPEAL NO. 4.)
Appeal from an order of the Supreme Court, Onondaga County (Edward D. Carni, J.), entered August 13, 2002. The order, inter alia, denied the cross motion of defendant City of Syracuse to dismiss the complaint.
MACKENZIE HUGHES LLP, SYRACUSE (DAVID M. GARBER OF COUNSEL), FOR DEFENDANT-APPELLANT.
MENTER, RUDIN & TRIVELPIECE, P.C., SYRACUSE (JAMES H. MC GOWAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on April 19, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: April 30, 2004
JoAnn M. Wahl
Clerk of the Court