Martin v Town of Grand Is.

Martin v Town of Grand Is. 2015 NY Slip Op 03711 Decided on May 1, 2015 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 May 1, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND DEJOSEPH, JJ.
578 CA 14-01840

[*1]NICOLE MARTIN, INDIVIDUALLY, AND AS PARENT AND NATURAL GUARDIAN OF ANNA C. MARTIN, AN INFANT, PLAINTIFF-RESPONDENT,

v

TOWN OF GRAND ISLAND AND GRAND ISLAND RECREATION DEPARTMENT, DEFENDANTS-APPELLANTS.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered March 10, 2014. The order denied defendants' motion for summary judgment.

SUGARMAN LAW FIRM, LLP, SYRACUSE (JENNA W. KLUCSIK OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

WEBSTER SZANYI, LLP, BUFFALO (STEVEN HAMLIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties,

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

Entered: May 1, 2015

Frances E. Cafarell

Clerk of the Court