Youker v Village of Dolgeville
2012 NY Slip Op 01889 [93 AD3d 1165]
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., Appellants, et al., Defendants. (Action No. 1.) Village of Dolgeville, Plaintiff, v The New York Municipal Insurance Reciprocal, Defendant. (Action No. 2.) (Appeal No. 2.)

—[*1] Lemire Johnson, LLC, Malta (Gregg T. Johnson of counsel), for defendants-appellants.

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.

Appeal from an order of the Supreme Court, Herkimer County (Anthony F. Shaheen, J.), entered November 18, 2010. The order granted in part the motion of plaintiff-respondent for reargument.

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 appeal is dismissed without costs upon stipulation.

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