*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 974

CA 16-01030

PRESENT: SMITH, J.P., CARNI, LINDLEY, DEJOSEPH, AND SCUDDER, JJ. FRANCES JACKSON AND JOHN JACKSON, PLAINTIFFS-RESPONDENTS-APPELLANTS,

V ORDER ESTATE OF KENNETH P. SADLER, JR.,

DECEASED, DEFENDANT,

AND COUNTY OF ALLEGANY,

DEFENDANT-APPELLANT-RESPONDENT.

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COUNTY OF ALLEGANY, THIRD-PARTY

PLAINTIFF-RESPONDENT,

V

TOWN OF SCIO, THIRD-PARTY

DEFENDANT-APPELLANT.

WEBSTER SZANYI LLP, BUFFALO (MICHAEL P. MCCLAREN OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT AND THIRD-PARTY PLAINTIFF-RESPONDENT. WELCH, DONLON & CZARPLES, PLLC, CORNING (JACOB P. WELCH OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS.

LIPPMAN O’CONNOR, BUFFALO (MATTHEW J. DUGGAN OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.

Appeals and cross appeal from an order of the Supreme Court, Allegany County (Thomas P. Brown, A.J.), entered November 6, 2015. The order granted in part and denied in part the motion of defendant County of Allegany for summary judgment and denied the motion of third-party defendant Town of Scio for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on July 25, 2016, by Thomas P. Brown, A.J., on August 3, 2016, and filed in the Allegany County Clerk’s Office on August 5, 2016,

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

Entered: November 10, 2016 Frances E. Cafarell

Clerk of the Court