| Rifenburg v Western N.Y. & Pa. R.R. |
| 2014 NY Slip Op 06423 [120 AD3d 1570] |
| September 26, 2014 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Lloyd Rifenburg, Respondent, v Western New York and Pennsylvania Railroad, Appellant. |
Harris Beach PLLC, Pittsford (Svetlana K. Ivy of counsel), for defendant-appellant.
Edward Pekarek, Wellsville, for plaintiff-respondent.
Appeal from an order of the Supreme Court, Allegany County (Thomas P. Brown, A.J.), entered July 17, 2013. The order, insofar as appealed from, denied the motion of defendant for summary judgment.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on June 13 and 28, 2014, and filed in the Allegany County Clerk's Office on July 2, 2014,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Fahey, Lindley, Whalen and DeJoseph, JJ.