Piechocki v Town of Alexander

Piechocki v Town of Alexander 2010 NY Slip Op 05117 [74 AD3d 1810] June 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2010

Robert Piechocki, III, Respondent, v Town of Alexander, Appellant, et al., Defendant.

—[*1] Underberg & Kessler LLP, Buffalo (Colin D. Ramsey of counsel), for defendant-appellant.

Dadd, Nelson & Wilkinson, Attica (James M. Wujcik of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered September 23, 2009 in a personal injury action. The order denied the motion of defendant Town of Alexander.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 25 and 29, 2010, it is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Peradotto, Carni, Lindley and Sconiers, JJ.