Matter of Lorenc v City of Buffalo
2012 NY Slip Op 05994 [98 AD3d 833]
August 17, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 26, 2012


In the Matter of Gregory Lorenc, Respondent, v City of Buffalo et al., Appellants.

—[*1] Hodgson Russ LLP, Buffalo (Joseph S. Brown of counsel), for respondents-appellants.

Chiacchia & Fleming, LLP, Hamburg (Christen Archer Pierrot of counsel), for petitioner-respondent.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered March 1, 2011 in a proceeding pursuant to CPLR article 78. The judgment, among other things, directed respondent City of Buffalo to return petitioner to the eligible list of firefighters.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on July 25 and 27, 2012,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Smith, Fahey, Carni and Sconiers, JJ.