Allied Bldrs., Inc. v Greece Cent. School Dist.
2010 NY Slip Op 05037 [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. 2.)

—[*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 amended order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered February 27, 2009. The amended order, insofar as appealed from, granted in part the motion of defendant for summary judgment dismissing certain causes of action and denied in part the cross motion of plaintiff for summary judgment.

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.