Opinion
No. CA 08-02551.
December 30, 2009.
Appeal from a judgment of the Supreme Court, Erie County (John A. Michalek, J.), entered February 25, 2008 in a proceeding pursuant to CPLR article 78. The judgment granted the petition.
DIFILIPPO FLAHERTY, P.C., EAST AURORA (ANTHONY DIFILIPPO, III, OF COUNSEL), FOR RESPONDENT-APPELLANT.
BLAIR ROACH, LLP, TONAWANDA (J. MICHAEL LENNON OF COUNSEL), FOR PETITIONER-RESPONDENT.
HARRIS BEACH, PLLC, BUFFALO (RICHARD T. SULLIVAN OF COUNSEL), FOR RESPONDENTS WASTE MANAGEMENT OF NEW YORK, LLC AND WASTE MANAGEMENT OF NEW JERSEY, INC.
Present: Scudder, P.J., Hurlbutt, Green, Pine and Gorski, JJ.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on October 20, 2009 and filed in the Erie County Clerk's Office on December 1, 2009,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.