*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 578

CA 14-01840

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND DEJOSEPH, JJ. NICOLE MARTIN, INDIVIDUALLY, AND AS PARENT AND

NATURAL GUARDIAN OF ANNA C. MARTIN, AN INFANT, PLAINTIFF-RESPONDENT,

V ORDER TOWN OF GRAND ISLAND AND GRAND ISLAND

RECREATION DEPARTMENT, DEFENDANTS-APPELLANTS.

SUGARMAN LAW FIRM, LLP, SYRACUSE (JENNA W. KLUCSIK OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

WEBSTER SZANYI, LLP, BUFFALO (STEVEN HAMLIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered March 10, 2014. The order denied defendants’ motion for summary judgment.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties,

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

Entered: May 1, 2015 Frances E. Cafarell

Clerk of the Court