Matter of Gannett Co., Inc. v Herkimer Police Dept.
2023 NY Slip Op 01419 [214 AD3d 1358]
March 17, 2023
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 3, 2023


[*1]
 In the Matter of Gannett Co., Inc., Doing Business as Democrat & Chronicle, Appellant,
v
Herkimer Police Department et al., Respondents. (Appeal No. 2.)

Greenberg Traurig, LLP, Albany (Michael J. Grygiel of counsel), for petitioner-appellant.

Longstreet & Berry, LLP, Fayetteville (Martha L. Berry of counsel), for respondents-respondents.

Appeal from a judgment (denominated order) of the Supreme Court, Herkimer County (Bernadette T. Clark, J.), entered June 23, 2022, in a proceeding pursuant to CPLR article 78. The judgment granted the motion of respondents to dismiss the petition.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 8, 2023,

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