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MECCA v. ALTERNATIVE LIVING SERVICES-NEW YORK, INC.

185 CA 22-00493.

216 A.D.3d 1428 (2023)

186 N.Y.S.3d 874

2023 NY Slip Op 02420

Carol Mecca, as Executor of the Estate of Rosemary Mecca, Deceased, Respondent, v. Alternative Living Services-New York, Inc., et al., Appellants. (Appeal No. 1.).

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

Decided May 5, 2023.

Attorney(s) appearing for the Case

ROACH, BROWN, McCARTHY & GRUBER, P.C., BUFFALO ( MEGHANN N. ROEHL OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

BROWN CHIARI, LLP, BUFFALO ( JESSE A. DRUMM OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Peradotto, Curran, Bannister and Montour, JJ.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered March 28, 2022. The order, among other things, denied in part the motion of defendants for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 24, 2023,

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

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