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Grasso v. Town of West Seneca

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


June 5, 2009

IN THE MATTER OF DONALD GRASSO, DAVID MONOLOPOLUS, AND DANIEL T. WARREN, PETITIONERS-APPELLANTS,
v.
TOWN OF WEST SENECA, ZONING BOARD OF APPEALS OF TOWN OF WEST SENECA, TOWN OF WEST SENECA BUILDING DEPARTMENT, WILLIAM CZUPRYNSKI, AS CODE ENFORCEMENT OFFICER OF TOWN OF WEST SENECA, CANISIUS HIGH SCHOOL, ALSO KNOWN AS CANISIUS HIGH SCHOOL OF BUFFALO, NEW YORK, AND JAMES P. HIGGINS, S.J., AS PRESIDENT OF CANISIUS HIGH SCHOOL, RESPONDENTS-RESPONDENTS. (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered October 23, 2007 in a proceeding pursuant to CPLR article 78. The order, inter alia, denied the request of petitioners for a default judgment against respondents.

PRESENT: HURLBUTT, J.P., SMITH, CENTRA, PINE, AND GORSKI, JJ.

ORDER

Now, upon the stipulation dismissing the petition against respondent James P. Higgins, S.J., as president of Canisius High School, signed by petitioners and the attorneys for respondents and filed in the Erie County Clerk's Office on May 1, 2009,

It is hereby ORDERED that said appeal with respect to respondent James P. Higgins, S.J., as president of Canisius High School, is unanimously dismissed upon stipulation and the appeal is otherwise dismissed without costs (see CPLR 5701 [b] [1]).

20090605

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