Costanzo v City of Lockport Hous. Auth.

Costanzo v City of Lockport Hous. Auth. 2017 NY Slip Op 00845 Decided on February 3, 2017 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 February 3, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., CENTRA, LINDLEY, NEMOYER, AND TROUTMAN, JJ.
1112/16 CA 16-00694

[*1]JAMES M. COSTANZO, PLAINTIFF-RESPONDENT,

v

CITY OF LOCKPORT HOUSING AUTHORITY, DEFENDANT-APPELLANT.

COUTU LANE, PLLC, BUFFALO (MICHAEL T. COUTU OF COUNSEL), FOR DEFENDANT-APPELLANT.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (CHERIE L. PETERSON OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered July 30, 2015. The order denied defendant's motion for summary judgment dismissing plaintiff's complaint.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on December 16, 2016, and filed in the Niagara County Clerk's Office on January 18, 2017,

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

Entered: February 3, 2017

Frances E. Cafarell

Clerk of the Court