Matter of Schiener v Town of Sardinia
2009 NY Slip Op 09742 [68 AD3d 1646]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


In the Matter of John R. Schiener, as President of Concerned Citizens of Sardinia, Respondent, v Town of Sardinia, Appellant, et al., Respondents.

—[*1] DiFilippo & Flaherty, P.C., East Aurora (Anthony DiFilippo, III, of counsel), for respondent-appellant.

Blair & Roach, LLP, Tonawanda (J. Michael Lennon of counsel), for petitioner-respondent.

Harris Beach, PLLC, Buffalo (Richard T. Sullivan of counsel), for respondents Waste Management of New York, LLC and Waste Management of New Jersey, Inc.

Appeal from a judgment of the Supreme Court, Erie County (John A. Michalek, J.), entered February 25, 2008 in a proceeding pursuant to CPLR article 78. The judgment granted the petition.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on October 20, 2009 and filed in the Erie County Clerk's Office on December 1, 2009,

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