Rifenburg v Western N.Y. & Pa. R.R.

Rifenburg v Western N.Y. & Pa. R.R. 2014 NY Slip Op 06423 Decided on September 26, 2014 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 26, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., FAHEY, LINDLEY, WHALEN, AND DEJOSEPH, JJ.
902 CA 13-02129

[*1]LLOYD RIFENBURG, PLAINTIFF-RESPONDENT,

v

WESTERN NEW YORK AND PENNSYLVANIA RAILROAD, DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Allegany County (Thomas P. Brown, A.J.), entered July 17, 2013. The order, insofar as appealed from, denied the motion of defendant for summary judgment.

HARRIS BEACH PLLC, PITTSFORD (SVETLANA K. IVY OF COUNSEL), FOR DEFENDANT-APPELLANT.

EDWARD PEKAREK, WELLSVILLE, FOR PLAINTIFF-RESPONDENT.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on June 13 and 28, 2014, and filed in the Allegany County Clerk's Office on July 2, 2014,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: September 26, 2014

Frances E. Cafarell

Clerk of the Court