Massa Constr., Inc. v Meaney
2023 NY Slip Op 00546 [213 AD3d 1212]
February 3, 2023
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 29, 2023


[*1]
 Massa Construction, Inc., Appellant,
v
James Meaney, Also Known as The Geneva Believer, Respondent. (Appeal No. 1.)

Barclay Damon LLP, Rochester (Mark T. Whitford, Jr., of counsel), for plaintiff-appellant.

Greenberg Traurig, LLP, Albany (Michael J. Grygiel of counsel) and Cornell Law School First Amendment Clinic, Ithaca (Christina N. Neitzey of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Ontario County (Brian D. Dennis, A.J.), entered May 13, 2021. The order, among other things, granted defendant's motion for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on January 6 and 19, 2023,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Centra, Lindley, Curran and Winslow, JJ.