| Boyd v Brown |
| 2019 NY Slip Op 00743 [169 AD3d 1375] |
| February 1, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Angela Boyd, Also Known as Angie Boyd, as Parent and Natural
Guardian of DiQuan J. Warren, and as Administrator of the Estate of DiQuan J. Warren, Deceased,
Respondent, v Byron Brown, as Mayor of City of Buffalo, et al., Appellants. |
Timothy A. Ball, Corporation Counsel, Buffalo (David M. Lee of counsel), for defendants-appellants.
Gelber & O'Connell, LLC, Amherst (Herschel Gelber of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (John L. Michalski, A.J.), entered September 28, 2017. The order, insofar as appealed from, denied that part of the motion of defendants for summary judgment dismissing the complaint against defendant City of Buffalo.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on August 17, 2018, and filed in the Erie County Clerk's Office on January 11, 2019,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Centra, Peradotto, Lindley and DeJoseph, JJ.