Summary
This per curiam order from the New York Supreme Court, Appellate Division, Fourth Judicial Department addresses an appeal from a lower court order granting summary judgment to a defendant church organization. Upon the filing of a stipulation of discontinuance signed by counsel for both parties, the appellate court unanimously dismissed the appeal without costs.
Topics
Practice areas
Questions Presented
- Whether the appellate court should dismiss the appeal following the parties' stipulation of discontinuance.
Holdings
- The appeal is dismissed without costs upon the parties' stipulation of discontinuance.
Key quotations
“It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.”
Factual background
The plaintiff filed a complaint and cross‑claims that were dismissed by summary judgment by the Supreme Court, Erie County. The parties later executed a stipulation of discontinuance on August 15, 2025, removing the controversy.
Procedural history
The Supreme Court, Erie County entered an order on October 27, 2023 granting summary judgment in favor of the defendant and dismissing the complaint and cross‑claims. The appellant filed a stipulation of discontinuance on August 15, 2025, and the Appellate Division dismissed the appeal.