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Russell Youker, Plaintiff-Respondent, et al., Plaintiff v. Village of Dolgeville

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


March 16, 2012

RUSSELL YOUKER, PLAINTIFF-RESPONDENT, ET AL., PLAINTIFF,
v.
VILLAGE OF DOLGEVILLE, VILLAGE OF DOLGEVILLE POLICE DEPARTMENT,
DEFENDANTS-APPELLANTS, ET AL.,
DEFENDANTS. (ACTION NO. 1.) VILLAGE OF DOLGEVILLE, PLAINTIFF, THE NEW YORK MUNICIPAL INSURANCE
RECIPROCAL, DEFENDANT. (ACTION NO. 2.) (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Herkimer County (Anthony F. Shaheen, J.), entered November 18, 2010.

Youker v Village of Dolgeville

Decided on March 16, 2012

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.

PRESENT: SMITH, J.P., FAHEY, CARNI, SCONIERS, AND GORSKI, JJ.

The order granted in part the motion of plaintiff-respondent for reargument.

Now, upon reading and filing the stipulation of withdrawal signed by the attorneys for the parties on February 3, 26 and 29, 2012 and March 5 and 7, 2012,

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

All concur except Gorski, J., who is not participating.

Entered: March 16, 2012 Frances E. Cafarell Clerk of the Court

20120316

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