Meli v Safway Servs., LLC
2017 NY Slip Op 03350 [149 AD3d 1565]
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]
 Joseph Meli, Respondent,
v
Safway Services, LLC, Formerly Known as Safway Scaffolding, LLC and Another, Appellant.

Barclay Damon, LLP, Buffalo (Nicholas J. Dicesare of counsel), for defendant-appellant.

Andrews, Bernstein, Maranto & Nicotra, PLLC, Buffalo (Donyelle E. Crapsi of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered April 15, 2016. The order, insofar as appealed from, 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 April 6 and 10, 2017,

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