Marrano/Marc Equity Corp. v Town of Lancaster

Marrano/Marc Equity Corp. v Town of Lancaster 2014 NY Slip Op 07868 Decided on November 14, 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 November 14, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, VALENTINO, WHALEN, AND DEJOSEPH, JJ.
1175 CA 14-00602

[*1]THE MARRANO/MARC EQUITY CORPORATION AND PLEASANT MEADOWS ASSOCIATES, LLC, PLAINTIFFS-RESPONDENTS,

v

TOWN OF LANCASTER, DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Erie County (Tracey A. Bannister, J.), entered June 20, 2013. The order denied the motion of defendant for summary judgment.

HODGSON RUSS LLP, BUFFALO (CHARLES W. MALCOMB OF COUNSEL), FOR DEFENDANT-APPELLANT.

DAMON MOREY LLP, CLARENCE (COREY A. AUERBACH OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 26, 2014,

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

Entered: November 14, 2014

Frances E. Cafarell

Clerk of the Court