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F.Y. v. NIAGARA FALLS CITY SCH. DIST.

129 CA 22-00088.

213 A.D.3d 1211 (2023)

182 N.Y.S.3d 926

2023 NY Slip Op 00540

F.Y., Respondent, v. Niagara Falls City School District et al., Appellants.

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

Decided February 3, 2023.

Attorney(s) appearing for the Case

SHAUB, AHMUTY, CITRIN & SPRATT, LLP, LAKE SUCCESS (NICHOLAS TAM OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

WEITZ & LUXENBERG, P.C., NEW YORK CITY (JARED LACERTOSA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

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

Appeal from an order of the Supreme Court, Niagara County (Deborah A. Chimes, J.), entered November 29, 2021. The order, insofar as appealed from, denied in part the motion of defendants to dismiss the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on January 6, 2023,

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

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