| Matter of Sucher v Town of Ontario |
| 2018 NY Slip Op 03050 [160 AD3d 1493] |
| April 27, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Paul E. Sucher, Respondent, v Town of Ontario et al., Appellants. |
Kaman, Berlove, Marafioti, Jacobstein & Goldman, LLP, Rochester (Richard T. Williams, II, of counsel), for respondents-appellants.
Jeffrey Wicks, PLLC, Rochester (Charles D. Steinman of counsel), for petitioner-respondent.
Appeal from a judgment (denominated order) of the Supreme Court, Wayne County (John B. Nesbitt, A.J.), entered December 12, 2016 in a proceeding pursuant to CPLR article 78. The judgment granted the amended petition in part.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on February 13, 2018, and filed in the Wayne County Clerk's Office on February 23, 2018,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Carni, Lindley and Curran, JJ.