THE MARRANO/MARC EQUITY CORPORATION v. TOWN OF LANCASTER

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1175 CA 14-00602 PRESENT: SMITH, J.P., PERADOTTO, VALENTINO, WHALEN, AND DEJOSEPH, JJ. THE MARRANO/MARC EQUITY CORPORATION AND PLEASANT MEADOWS ASSOCIATES, LLC, PLAINTIFFS-RESPONDENTS, V ORDER TOWN OF LANCASTER, DEFENDANT-APPELLANT. HODGSON RUSS LLP, BUFFALO (CHARLES W. MALCOMB OF COUNSEL), FOR DEFENDANT-APPELLANT. DAMON MOREY LLP, CLARENCE (COREY A. AUERBACH OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS. Appeal from an order of the Supreme Court, Erie County (Tracey A. Bannister, J.), entered June 20, 2013. The order denied the motion of defendant for summary judgment. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 26, 2014, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: November 14, 2014 Frances E. Cafarell Clerk of the Court