| Mecca v Alternative Living Servs.-N.Y., Inc. |
| 2023 NY Slip Op 02420 [216 AD3d 1428] |
| May 5, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Carol Mecca, as Executor of the Estate of Rosemary
Mecca, Deceased, Respondent, v Alternative Living Services-New York, Inc., et al., Appellants. (Appeal No. 1.) |
Roach, Brown, McCarthy & Gruber, P.C., Buffalo (Meghann N. Roehl of counsel), for defendants-appellants.
Brown Chiari, LLP, Buffalo (Jesse A. Drumm of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered March 28, 2022. The order, among other things, denied in part the motion of defendants for summary judgment.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 24, 2023,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Peradotto, Curran, Bannister and Montour, JJ.