| Marrano/Marc Equity Corp. v Town of Lancaster |
| 2014 NY Slip Op 07868 [122 AD3d 1329] |
| November 14, 2014 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The Marrano/Marc Equity Corporation et al., Respondents, v Town of Lancaster, Appellant. |
Hodgson Russ LLP, Buffalo (Charles W. Malcomb of counsel), for defendant-appellant.
Damon Morey LLP, Clarence (Corey A. Auerbach of counsel), for plaintiffs-respondents.
Appeal from an order of the Supreme Court, Erie County (Tracey A. Bannister, J.), entered June 20, 2013. The order denied the motion of defendant for summary judgment.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 26, 2014, it is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Peradotto, Valentino, Whalen and DeJoseph, JJ.