Narrative Opinion Summary
An order from the Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department, addresses the appeal by defendants C.O. Falter Construction Corp., City of Buffalo Sewer Authority, and City of Buffalo against a January 6, 2010 order from Erie County Supreme Court Judge Diane Y. Devlin. The order denied, in part, the defendants' cross motion for summary judgment in a case brought by plaintiffs Robert Green and Kerry Green. Subsequently, the parties filed a stipulation of discontinuance of action on November 30 and December 3, 2010, which was recorded with the Erie County Clerk on January 12, 2011. The Appellate Division dismissed the appeal without costs, with all justices concurring except for Judge Pine, who did not participate. The dismissal was entered on February 10, 2011.
Legal Issues Addressed
Appeal Dismissalsubscribe to see similar legal issues
Application: The appeal was dismissed by the Appellate Division following the stipulation of discontinuance filed by the parties.
Reasoning: The Appellate Division dismissed the appeal without costs, with all justices concurring except for Judge Pine, who did not participate.
Participation of Justicessubscribe to see similar legal issues
Application: All justices concurred in the dismissal of the appeal except one who did not participate.
Reasoning: The Appellate Division dismissed the appeal without costs, with all justices concurring except for Judge Pine, who did not participate.
Stipulation of Discontinuancesubscribe to see similar legal issues
Application: The discontinuance of the action was agreed upon by the parties and recorded with the Erie County Clerk, leading to the dismissal of the appeal.
Reasoning: Subsequently, the parties filed a stipulation of discontinuance of action on November 30 and December 3, 2010, which was recorded with the Erie County Clerk on January 12, 2011.