Aramark Entertainment, Inc. v State of New York
2008 NY Slip Op 10313 [57 AD3d 1437]
December 31, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


Aramark Entertainment, Inc., Respondent-Appellant, v State of New York, Appellant-Respondent. (Claim No. 109870.)

—[*1] Andrew M. Cuomo, Attorney General, Albany (Andrew B. Ayers of counsel), for defendant-appellant-respondent.

Phillips Lytle LLP, Buffalo (Thomas S. Wiswall of counsel), for claimant-respondent-appellant.

Appeal and cross appeal from an order of the Court of Claims (Michael E. Hudson, J.), entered August 23, 2007. The order, among other things, granted in part defendant's motion to dismiss the claim.

Now, upon reading and filing the stipulation withdrawing appeal and cross appeal signed by the attorneys for the parties on November 3, 2008,

It is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Hurlbutt, Peradotto, Green and Gorski, JJ.