Harris v City of Buffalo
2010 NY Slip Op 05174 [74 AD3d 1849]
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


Kenneth L. Harris, Respondent, v City of Buffalo et al., Appellants, et al., Defendants.

[*1] Hodgson Russ LLP, Buffalo (Julia M. Hilliker of counsel), for defendants-appellants.

Maxwell Murphy, LLC, Buffalo (Alan D. Voos of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Tracey A. Bannister, J.), entered October 22, 2009. The order, inter alia, granted the motion of plaintiff for partial summary judgment.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on March 12, 2010, it is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Martoche, Sconiers and Green, JJ.