SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
June 5, 2009
SENECA PIPE & PAVING CO., INC., PLAINTIFF-APPELLANT,
SOUTH SENECA CENTRAL SCHOOL DISTRICT, DEFENDANT RESPONDENT. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Seneca County (David Michael Barry, J.), entered August 23, 2007. The order granted defendant's cross motion for summary judgment.
PRESENT: SCUDDER, P.J., SMITH, FAHEY, CARNI, AND PINE, JJ.
Now, upon reading and filing the stipulation of settlement and discontinuance signed by the attorneys for the parties on February 23, 2009,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
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