Opinion
CA 04-00865.
Decided November 19, 2004.
Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered January 12, 2004 in a proceeding pursuant to RPTL article 7. The order denied intervenor's motion to dismiss the petition.
HODGSON RUSS LLP, BUFFALO (DANIEL ALAN SPITZER OF COUNSEL), FOR INTERVENOR-APPELLANT.
WOLFGANG WEINMANN, BUFFALO (PETER ALLEN WEINMANN OF COUNSEL), FOR PETITIONER-RESPONDENT.
BENNETT, DI FILIPPO KURTZHALTS, LLP, HOLLAND (RONALD P. BENNETT OF COUNSEL), FOR RESPONDENTS.
Before: PRESENT: GREEN, J.P., SCUDDER, GORSKI, MARTOCHE, AND HAYES, JJ.
ORDER
Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on October 5 and 12, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.