D'Anna v Kenmore-Town of Tonawanda Union Free Sch. Dist.
2013 NY Slip Op 01731 [104 AD3d 1230]
March 15, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 24, 2013


Anthony D'Anna, Individually and as Parent and Natural Guardian of Katrina D'Anna, Respondent, v Kenmore-Town of Tonawanda Union Free School District, et al., Defendants, and Anthony A. Dantonio et al., Individually and as Parents and Natural Guardians of Anthony Burkhardt, Appellants.

—[*1] Milber Makris Plousadis & Seiden, LLP, Williamsville (Richard A. Lilling of counsel), for defendants-appellants.

Garvey & Garvey, Buffalo (Matthew J. Garvey of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered October 6, 2010. The order, insofar as appealed from, denied the motion of defendants Anthony A. Dantonio and Roseanne Dantonio for summary judgment dismissing the complaint.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on February 12, 2013,

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