| Fischer v Gargano |
| 2021 NY Slip Op 00657 [191 AD3d 1240] |
| February 5, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Christopher Fischer et al., on Behalf of Themselves and All
Other Employees Similarly Situated, Appellants, v Joseph Gargano, Senior, et al., Respondents. |
Thomas & Solomon LLP, Rochester (Jessica L. Lukasiewicz of counsel), for plaintiffs-appellants.
Gross Shuman P.C., Buffalo (Kevin R. Lelonek of counsel), for defendants-respondents.
Appeal from an order of the Supreme Court, Erie County (Henry J. Nowak, J.), entered June 7, 2019. The order, insofar as appealed from, granted defendants' motion for summary judgment dismissing the complaint against defendant Joseph Gargano, Senior.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 21, 2020,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Smith, Centra, Troutman and Winslow, JJ.