IN RE: MARK C. POLONCARZ (2012)

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

IN RE: MARK C. POLONCARZ, INDIVIDUALLY AND AS COMPTROLLER OF ERIE COUNTY, PLAINTIFF- PETITIONER–APPELLANT, v. CHRISTOPHER C. COLLINS, COUNTY EXECUTIVE OF ERIE COUNTY, ERIE COUNTY LEGISLATURE, DANIEL M. KOZUB, TIMOTHY M. KENNEDY, BARBARA MILLER–WILLIAMS, RAYMOND W. WALTER, DINO J. FUDOLI, MARIA R. WHYTE, BETTY JEAN GRANT, THOMAS J. MAZUR, CHRISTINA W. BOVE, KEVIN R. HARDWICK, LYNN M. MARINELLI, LYNNE M. DIXON, JOHN J. MILLS, THOMAS A. LOUGHRAN AND EDWARD A. RATH, III, AS DULY ELECTED LEGISLATORS CONSTITUTING THE ERIE COUNTY LEGISLATURE, GREGORY G. GACH, ERIE COUNTY DIRECTOR OF BUDGET AND MANAGEMENT, AND COUNTY OF ERIE, DEFENDANTS–RESPONDENTS -RESPONDENTS.

CA 11–00918

Decided: June 08, 2012

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, AND LINDLEY, JJ.

JEROME D. SCHAD, WILLIAMSVILLE, FOR PLAINTIFF–PETITIONER–APPELLANT. HARRIS BEACH PLLC, PITTSFORD (A. VINCENT BUZARD OF COUNSEL), FOR DEFENDANTS–RESPONDENTS–RESPONDENTS CHRISTOPHER C. COLLINS, COUNTY EXECUTIVE OF ERIE COUNTY, GREGORY G. GACH, ERIE COUNTY DIRECTOR OF BUDGET AND MANAGEMENT, AND COUNTY OF ERIE. BENNETT, DIFILIPPO & KURTHALTS, LLP, HOLLAND (RONALD P. BENNETT OF COUNSEL), FOR DEFENDANTS–RESPONDENTS–RESPONDENTS JOHN J. MILLS, RAYMOND W. WALTER, DINO J. FUDOLI, KEVIN R. HARDWICK, LYNNE M. DIXON AND EDWARD A. RATH, III. LAW OFFICE OF SHAWN P. MARTIN, WEST SENECA (SHAWN P. MARTIN OF COUNSEL), FOR DEFENDANTS–RESPONDENTS–RESPONDENTS ERIE COUNTY LEGISLATURE, DANIEL M. KOZUB, TIMOTHY M. KENNEDY, BARBARA MILLER–WILLIAMS, MARIA R. WHYTE, BETTY JEAN GRANT, THOMAS J. MAZUR, CHRISTINA W. BOVE, LYNN M. MARINELLI AND THOMAS A. LOUGHRAN.

ORDER

Now upon reading and filing the stipulations of discontinuance of appeal signed by the attorneys for the parties on December 21, 2011 and January 23, 2012,

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

Frances E. Cafarell

Clerk of the Court

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