Youker v Village of Dolgeville
2012 NY Slip Op 01888 [93 AD3d 1164]
March 16, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 25, 2012


Russell Youker, Respondent, et al., Plaintiff,
v
Village of Dolgeville et al., Defendants, and Michael Swartz et al., Appellants. (Action No. 1.) Village of Dolgeville, Plaintiff, v The New York Municipal Insurance Reciprocal, Defendant. (Action No. 2.) (Appeal No. 1.)

—[*1] Towne, Ryan & Partners, P.C., Albany (Claudia A. Ryan of counsel), for defendant-appellant Michael Swartz.

Fitzgerald Morris Baker Firth P.C., Glens Falls (Jill E. O'Sullivan of counsel), for defendant-appellant Frank Beaulieu.

Christopher J. Pelli, Utica, for plaintiff-respondent.

McLane Smith and Lascurettes, LLP, Utica (Todd M. Lascurettes of counsel), for plaintiff Village of Dolgeville.

Congdon Flaherty O'Callaghan Reid Donlon Travis & Fishlinger, Uniondale (Richard Nicolello of counsel), for defendant the New York Municipal Insurance Reciprocal.

Appeals from an order of the Supreme Court, Herkimer County (Anthony F. Shaheen, J.), entered August 26, 2010. The order, among other things, denied in part the motions of defendants Michael Swartz and Frank Beaulieu for summary judgment.

Now, upon reading and filing the stipulation of withdrawal signed by the attorneys for the parties on February 3, 26 and 29, 2012 and March 5 and 7, 2012,

It is hereby ordered that said appeals are dismissed without costs upon stipulation. [*2]

All concur except Gorski, J., who is not participating. Present—Smith, J.P., Fahey, Carni, Sconiers and Gorski, JJ.