Matter of Somerville v State Univ. of N.Y. at Buffalo
2021 NY Slip Op 06217 [199 AD3d 1302]
November 12, 2021
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 29, 2021


[*1]
 In the Matter of Bryan Somerville, Petitioner,
v
State University of New York at Buffalo, Respondent.

Lippes & Lippes, Buffalo (Joshua R. Lippes of counsel), for petitioner.

Letitia James, Attorney General, Albany (Brian D. Ginsberg of counsel), for respondent.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Erie County [Frank A. Sedita, III, J.], entered Sept. 29, 2020) to review a determination of respondent. The determination adjudged that petitioner was responsible for a violation of respondent's Student Code of Conduct and issued sanctions.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 22, 2021,

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