| PB-67 Doe v Baumann |
| 2024 NYSlipOp 01431 |
| March 15, 2024 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| PB-67 Doe, Respondent, v Linda Baumann, as Executor of the Estate of Wendy E. Dimet, Deceased, et al., Defendants, and Niagara Falls City School District, Appellant. |
Shaub Ahmuty Citrin & Spratt LLP, Lake Success (Nicholas Tam of counsel), for defendant-appellant.
Phillips & Paolicelli, LLP, New York City (Yitzchak M. Fogel of counsel), for plaintiff-respondent.
Phillips Lytle LLP, Buffalo (Ryan A. Lema of counsel), for defendants.
Appeal from an order of the Supreme Court, Niagara County (Mark J. Grisanti, A.J.), entered January 20, 2023. The order, insofar as appealed from, denied in part the motion of defendant Niagara Falls City School District to dismiss the complaint against it.
Now, upon reading and filing the stipulation to withdraw the appeal signed by the attorneys for the parties on January 16, 2024, and the accompanying letter signed by the attorney for defendant-appellant on February 2, 2024,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Curran, Ogden, Greenwood and Keane, JJ.