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PARKES v. NIAGARA FALLS WATER BOARD

996/22 CA 22-00482.

214 A.D.3d 1470 (2023)

184 N.Y.S.3d 659

2023 NY Slip Op 01636

Carla L. Parkes, Respondent, v. Niagara Falls Water Board, Appellant.

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

Decided March 24, 2023.

Attorney(s) appearing for the Case

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( CORY J. WEBER OF COUNSEL), FOR DEFENDANT-APPELLANT.

MAGAVERN MAGAVERN GRIMM LLP, NIAGARA FALLS ( EDWARD P. PERLMAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Smith, Curran, Montour and Ogden, JJ.

Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered March 14, 2022. The order denied the motion of defendant to dismiss the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on November 9, 2022,

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

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