Serrano v. Gilray

2018 NY Slip Op 1818

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 16, 2018
• Docket: 394/17 CA 16-00096
• Status: Published

Opinion

Serrano v Gilray (2018 NY Slip Op 01818)

Serrano v Gilray

2018 NY Slip Op 01818

Decided on March 16, 2018

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 16, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, DEJOSEPH, NEMOYER, AND SCUDDER, JJ.

394/17 CA 16-00096

[*1]MICHAEL A. SERRANO, PLAINTIFF-APPELLANT,

v

THOMAS A. GILRAY, JR., ET AL., DEFENDANTS, AND CORPUS CHRISTI CHURCH, DEFENDANT-RESPONDENT. (APPEAL NO. 1.)

AUGELLO & MATTELIANO, LLP, BUFFALO (JOSEPH A. MATTELIANO OF COUNSEL), FOR PLAINTIFF-APPELLANT.

CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO (NICHOLAS M. HRICZKO OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered October 8, 2015. The order granted the motion of defendant Corpus Christi Church for summary judgment and dismissed the complaint and all cross claims against said defendant.

Now, upon the partial stipulation of discontinuance with respect to defendant Corpus Christi Church signed by the attorneys for the above listed parties on August 1, 11, 24 and 28, 2017, and filed in the Erie County Clerk's Office on August 30, 2017,

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

All concur except Scudder, J., who is not participating.

Entered: March 16, 2018

Mark W. Bennett

Clerk of the Court