Opinion
CA 02-02013
May 2, 2003.
Appeal from an order of Supreme Court, Niagara County (Boniello, III, J.), entered May 15, 2002, which denied petitioner's motion for summary judgment and granted respondents' cross motion to dismiss the petition without prejudice.
DONALD A. ALESSI, BUFFALO, FOR PETITIONER-APPELLANT.
RONALD D. ANTON, CORPORATION COUNSEL, NIAGARA FALLS (RICHARD ZUCCO OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.
PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, LAWTON, AND HAYES, JJ.
ORDER
Now, upon reading and filing the stipulation discontinuing action signed by the attorneys for the parties on March 31, 2003,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.