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CORY v. PENFIELD CENT. SCH. DIST.

1023 CA 21-00320.

199 A.D.3d 1405 (2021)

154 N.Y.S.3d 525

2021 NY Slip Op 06298

Susan R. Cory, as Executrix with Letters Testamentary with Limitations of the Estate of Richard J. Menga, Deceased, Respondent, v. Penfield Central School District, Appellant, and Jennifer M. Fichera, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 12, 2021.

Attorney(s) appearing for the Case

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO ( RICHARD T. SARAF , OF COUNSEL), FOR DEFENDANT-APPELLANT.

MORRIS & MORRIS, ATTORNEYS, ROCHESTER ( DEBORAH M. FIELD OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

ROE & ASSOCIATES, WILLIAMSVILLE ( MATTHEW J. ROE OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Carni, NeMoyer, Curran and Bannister, JJ.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 25 and 26, 2021,

It is hereby ordered that said appeal is unanimously dismissed without costs upon...

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