Costanzo v City of Lockport Hous. Auth. (2017 NY Slip Op 00845)

Costanzo v City of Lockport Hous. Auth.

2017 NY Slip Op 00845 [147 AD3d 1388]

February 3, 2017

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 29, 2017

[*1]

James M. Costanzo, Respondent, v City of Lockport Housing Authority, Appellant.

Coutu Lane, PLLC, Buffalo (Michael T. Coutu of counsel), for defendant-appellant.

Lipsitz Green Scime Cambria LLP, Buffalo (Cherie L. Peterson of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered July 30, 2015. The order denied defendant's motion for summary judgment dismissing plaintiff's complaint.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on December 16, 2016, and filed in the Niagara County Clerk's Office on January 18, 2017,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Centra, Lindley, NeMoyer and Troutman, JJ.