IN RE: SORRENTO LACTALIS (2010)

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

IN RE: SORRENTO LACTALIS, INC., PETITIONER-RESPONDENT, v. NORMAN L. POLANSKI, JR., MAYOR, CITY OF LACKAWANNA, CITY COUNCIL OF CITY OF LACKAWANNA, JAMES L. MICHEL, CHIEF, CITY OF LACKAWANNA POLICE DEPARTMENT, AND CITY OF LACKAWANNA, RESPONDENTS-APPELLANTS.

CA 09-01345

Decided: April 30, 2010

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND GORSKI, JJ.

HODGSON RUSS LLP, BUFFALO (DANIEL A. SPITZER OF COUNSEL), FOR RESPONDENTS-APPELLANTS. PHILLIPS LYTLE LLP, BUFFALO (KENNETH A. MANNING OF COUNSEL), FOR PETITIONER-RESPONDENT.

ORDER

Appeal, by permission of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered June 15, 2009 in a proceeding pursuant to CPLR article 78. The order stayed respondents from taking action to enforce section 215.53 of the City of Lackawanna Municipal Code pending determination of the proceeding.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on April 12, 2010,

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

Patricia L. Morgan

Clerk of the Court

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