Parkes v. Niagara Falls Water Bd. , 2023 NY Slip Op 01636 ( 2023 )

Parkes v Niagara Falls Water Bd. (2023 NY Slip Op 01636)

Parkes v Niagara Falls Water Bd.

2023 NY Slip Op 01636

Decided on March 24, 2023

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 24, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., SMITH, CURRAN, MONTOUR, AND OGDEN, JJ.

996/22 CA 22-00482

[*1]CARLA L. PARKES, PLAINTIFF-RESPONDENT,

v

NIAGARA FALLS WATER BOARD, DEFENDANT-APPELLANT.

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.

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 stipulation.

Entered: March 24, 2023

Ann Dillon Flynn

Clerk of the Court