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MATTER OF GANNETT CO. v. HERKIMER POLICE DEPT.

234 CA 22-01059.

214 A.D.3d 1358 (2023)

183 N.Y.S.3d 911

2023 NY Slip Op 01419

In the Matter of Gannett Co., Inc., Doing Business as Democrat & Chronicle, Appellant, v. Herkimer Police Department et al., Respondents. (Appeal No. 2.)

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

Decided March 17, 2023.

Attorney(s) appearing for the Case

GREENBERG TRAURIG, LLP, ALBANY ( MICHAEL J. GRYGIEL OF COUNSEL), FOR PETITIONER-APPELLANT.

LONGSTREET & BERRY, LLP, FAYETTEVILLE ( MARTHA L. BERRY OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Present—Smith, J.P., Lindley, Curran, Ogden and Greenwood, JJ.

Appeal from a judgment (denominated order) of the Supreme Court, Herkimer County (Bernadette T. Clark, J.), entered June 23, 2022, in a proceeding pursuant to CPLR article 78. The judgment granted the motion of respondents to dismiss the petition.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 8, 2023,

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

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