Kopasz v County of Erie
2017 NY Slip Op 06754 [153 AD3d 1588]
September 29, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 1, 2017


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 Timothy Kopasz, Respondent, v County of Erie et al., Appellants. (Appeal No. 1.)

Costello, Cooney & Fearon, PLLC, Camillus (Megan E. Grimsley of counsel), for defendants-appellants.

Dolce Panepinto, P.C., Buffalo (Anne M. Wheeler of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Henry J. Nowak, Jr., J.), entered March 18, 2016. The order granted the motion of plaintiff for partial summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 15, 2017,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., DeJoseph, Curran, Troutman and Winslow, JJ.