| Herrera v NC Lofts Hous. Dev. Fund Corp. |
| 2023 NY Slip Op 00544 [213 AD3d 1212] |
| February 3, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Walter O. Herrera, Respondent, v NC Lofts Housing Development Fund Corporation et al., Appellants. |
Rupp Baase Pfalzgraf Cunningham LLC, Buffalo (Jill R. Roloff of counsel), for defendants-appellants.
Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered February 22, 2022. The order, among other things, denied in part defendants' motion for summary judgment.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 1, 2022,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Lindley, Curran, Bannister and Montour, JJ.