Matter of Hutcherson v Rochester City School Dist.
2009 NY Slip Op 09863 [68 AD3d 1760]
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 Bryant Hutcherson, Respondent, v Rochester City School District, Appellant.

—[*1] Charles G. Johnson, Rochester (Michael E. Davis of counsel), for respondent-appellant.

Fitzsimmons, Nunn, Fitzsimmons & Plukas, LLP, Rochester (Richard A. Plukas of counsel), for claimant-respondent.

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered September 16, 2008. The order granted the application of claimant for leave to serve a late notice of claim.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on November 11, 2009, and filed in the Monroe County Clerk's Office on December 4, 2009,

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