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In the Matter of John R. Schiener, As President v. Town of Sardinia

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


December 30, 2009

IN THE MATTER OF JOHN R. SCHIENER, AS PRESIDENT OF CONCERNED CITIZENS OF SARDINIA, PETITIONER-RESPONDENT,
v.
TOWN OF SARDINIA,
RESPONDENT-APPELLANT, ET AL., RESPONDENTS.

Appeal from a judgment of the Supreme Court, Erie County (John A. Michalek, J.), entered February 25, 2008 in a proceeding pursuant to CPLR article 78.

1244

PRESENT: SCUDDER, P.J., HURLBUTT, GREEN, PINE, AND GORSKI, JJ.

ORDER

The judgment granted the petition. Now, upon the stipulation of discontinuance signed by the attorneys for the parties on October 20, 2009 and filed in the Erie County Clerk's Office on December 1, 2009,

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

Patricia L. Morgan Clerk of the Court

20091230

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