Woolgar v Town of Hamburg
2008 NY Slip Op 08912 [56 AD3d 1226]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


Grace M. Woolgar et al., Respondents, v Town of Hamburg, Appellant, et al., Defendants.

—[*1] Lewis & Lewis, P.C., Buffalo (Emily L. Downing of counsel), for defendant-appellant.

Shaw & Shaw, P.C., Hamburg (Leonard D. Zaccagnino of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered September 21, 2007 in a personal injury action. The order denied the cross motion of defendant Town of Hamburg for summary judgment dismissing the complaint against it.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on July 28, 2008,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Martoche, Centra, Lunn and Gorski, JJ.