Youker v. Village of Dolgeville — 93 A.D.3d 1165

Majority

p. 1165

Russell Youker, Respondent, et al., Plaintiff, v Village of Dolgeville et al., Appellants, et al., Defendants. (Action No. 1.) Village of Dolgeville, Plaintiff, v The New York Municipal Insurance Reciprocal, Defendant. (Action No. 2.)

(Appeal No. 2.)

[939 NYS2d 909]

Appeal from an order of the Supreme Court, Herkimer County (Anthony F. Shaheen, J.), entered November 18, 2010. 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. Present — Smith, J.E, Fahey, Garni, Sconiers and Gorski, JJ.