Pirritano v New York State Thruway Auth. (2017 NY Slip Op 03281)

Pirritano v New York State Thruway Auth.

2017 NY Slip Op 03281 [149 AD3d 1468]

April 28, 2017

Appellate Division, Fourth Department

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

As corrected through Wednesday, May 31, 2017

[*1]

James Pirritano et al., Appellants-Respondents,
v
New York State Thruway Authority, Respondent-Appellant, and State of New York, Respondent.

Chiacchia & Fleming, LLP, Hamburg (Daniel J. Chiacchia of counsel), for claimants-appellants-respondents.

Rupp Baase Pfalzgraf Cunningham LLC, Buffalo (William K. Kennedy of counsel), for defendant-respondent-appellant.

Appeal and cross appeal from an order of the Court of Claims (Michael E. Hudson, J.), entered June 11, 2015. The order, among other things, denied claimant's motion for partial summary judgment and denied in part defendants' cross motion for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on January 20, 2017, and filed in the Court of Claims on February 27, 2017,

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