Excitement Video, Inc. v Village of Springville
2008 NY Slip Op 02435 [49 AD3d 1319]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Excitement Video, Inc., Respondent, v Village of Springville, Appellant.

—[*1] Hurwitz & Fine, P.C., Buffalo (Michael F. Perley of counsel), for defendant-appellant.

Lipsitz Green Scime Cambria LLP, Buffalo (Barry Nelson Covert of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered February 24, 2006. The order granted a preliminary injunction enjoining defendant from enforcing a certain zoning ordinance.

Now, upon reading and filing the stipulation discontinuing the appeal signed by the attorneys for the parties on February 8, 2008,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Hurlbutt, Lunn, Fahey and Pine, JJ.