| Parkes v Niagara Falls Water Bd. |
| 2023 NY Slip Op 01636 [214 AD3d 1470] |
| March 24, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Carla L. Parkes, Respondent, v Niagara Falls Water Board, Appellant. |
Rupp Baase Pfalzgraf Cunningham LLC, Buffalo (Cory J. Weber of counsel), for defendant-appellant.
Magavern Magavern Grimm LLP, Niagara Falls (Edward P. Perlman of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered March 14, 2022. The order denied the motion of defendant to dismiss the complaint.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on November 9, 2022,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Smith, Curran, Montour and Ogden, JJ.