| Cory v Penfield Cent. Sch. Dist. |
| 2021 NY Slip Op 06298 [199 AD3d 1405] |
| November 12, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Susan R. Cory, as Executrix with Letters Testamentary with
Limitations of the Estate of Richard J. Menga, Deceased, Respondent, v Penfield Central School District, Appellant, and Jennifer M. Fichera, Respondent. |
Kenney Shelton Liptak Nowak LLP, Buffalo (Richard T. Saraf of counsel), for defendant-appellant.
Morris & Morris, Attorneys, Rochester (Deborah M. Field of counsel), for plaintiff-respondent.
Roe & Associates, Williamsville (Matthew J. Roe of counsel), for defendant-respondent.
Appeal from an order of the Supreme Court, Monroe County (Christopher S. Ciaccio, A.J.), entered November 9, 2020. The order, insofar as appealed from, denied the cross motion of defendant Penfield Central School District for summary judgment dismissing the complaint against it.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 25 and 26, 2021,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Carni, NeMoyer, Curran and Bannister, JJ.