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Hauri v. Springville-Griffith Institute Central School District

Citations: 120 A.D.3d 1592; 992 N.Y.S.2d 662

Court: Appellate Division of the Supreme Court of the State of New York; September 26, 2014; New York; State Appellate Court

Narrative Opinion Summary

An appeal was taken from a July 9, 2013 order of the Supreme Court, Erie County, which granted the claimant permission to serve a late notice of claim. On June 12 and 30, 2014, the parties' attorneys signed a stipulation to withdraw the appeal. Consequently, the appeal is dismissed unanimously without costs, as per the stipulation. Justices Scudder, Centra, Carni, Lindley, and Whalen were present for this decision.

Legal Issues Addressed

Authority of Justices in Dismissal

Application: The dismissal of the appeal was authorized and decided upon by a panel of justices present for the decision.

Reasoning: Justices Scudder, Centra, Carni, Lindley, and Whalen were present for this decision.

Dismissal of Appeal by Stipulation

Application: The appeal was dismissed as a result of a stipulation signed by the parties' attorneys to withdraw the appeal.

Reasoning: On June 12 and 30, 2014, the parties' attorneys signed a stipulation to withdraw the appeal. Consequently, the appeal is dismissed unanimously without costs, as per the stipulation.