Allied Bldrs., Inc. v Greece Cent. School Dist.
2010 NY Slip Op 05036 [74 AD3d 1700]
June 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 25, 2010


Allied Builders, Inc., Appellant, v Greece Central School District, Respondent. (Appeal No. 1.)

—[*1] Duke, Holzman, Photiadis & Gresens LLP, Buffalo (James W. Gresens of counsel), for plaintiff-appellant. Bond, Schoeneck & King, PLLC, Fairport (Edward P. Hourihan, Jr., of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered September 25, 2008. The order, insofar as appealed from, denied in part the cross motion of plaintiff for summary judgment and determined that defendant is entitled to summary judgment dismissing certain causes of action.

Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties on February 26, 2010, it is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Smith, Fahey and Lindley, JJ.