*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1244

CA 15-00562

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND DEJOSEPH, JJ. KEITH CONRAD AND SHERYL CONRAD, PLAINTIFFS-RESPONDENTS-APPELLANTS,

V ORDER LOCKPORT CITY SCHOOL DISTRICT, MIHPIER

COMPANY, INC., AND LOCKPORT CITY SCHOOL

DISTRICT BOARD OF EDUCATION,

DEFENDANTS-APPELLANTS-RESPONDENTS.

SUGARMAN LAW FIRM, LLP, BUFFALO (BRIAN SUTTER OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT MIHPIER COMPANY, INC.

HANLON & VELOCE, LATHAM (CHRISTINE D’ADDIO HANLON OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS LOCKPORT CITY SCHOOL DISTRICT AND LOCKPORT CITY SCHOOL DISTRICT BOARD OF EDUCATION.

BROWN CHIARI LLP, LANCASTER (BRADLEY D. MARBLE OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS. Appeals and cross appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered October 30, 2014. The order, among other things, denied in part defendants’ motions for summary judgment and denied plaintiffs’ cross motion for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on September 16, 2015, and filed in the Niagara County Clerk’s Office on December 9, 2015,

It is hereby ORDERED that said appeals and cross appeal are unanimously dismissed without costs upon stipulation.

Entered: February 5, 2016 Frances E. Cafarell

Clerk of the Court