Seneca Pipe & Paving Co., Inc. v South Seneca Cent. School Dist. (2009 NY Slip Op 04494)

Seneca Pipe & Paving Co., Inc. v South Seneca Cent. School Dist.

2009 NY Slip Op 04494 [63 AD3d 1558]

June 5, 2009

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, August 5, 2009

Seneca Pipe & Paving Co., Inc., Appellant,
v
South Seneca Central School District, Respondent. (Appeal No. 2.)

—[*1] Law Office of Joseph A. Camardo, Auburn (Kevin M. Cox of counsel), for plaintiff-appellant.

Matthew R. Fletcher, Cayuga, for defendant-respondent.

Appeal from an order of the Supreme Court, Seneca County (David Michael Barry, J.), entered August 23, 2007. The order granted defendant's cross motion for summary judgment.

Now, upon reading and filing the stipulation of settlement and discontinuance signed by the attorneys for the parties on February 23, 2009,

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