Lopez v Schultz
2020 NY Slip Op 02023 [181 AD3d 1348]
March 20, 2020
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2020


[*1]
 Brunilda Lopez, as Parent and Natural Guardian of Wilson Morales, an Infant, et al., Respondents,
v
Karl Schultz, in His Individual and Official Capacity, et al., Appellants.

Timothy A. Ball, Corporation Counsel, Buffalo (David M. Lee of counsel), for defendants-appellants.

Dolce Panepinto, P.C., Buffalo (Jonathan M. Gorski of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered January 24, 2019. The order, among other things, denied defendants' motion for summary judgment dismissing plaintiffs' complaints.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on March 2, 2020,

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