PESTILLO, JOHN v. COUNTY OF MONROE ( 2017 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 369 CA 16-01489 PRESENT: CENTRA, J.P., PERADOTTO, DEJOSEPH, CURRAN, AND SCUDDER, JJ. JOHN PESTILLO, CLAIMANT-RESPONDENT, V ORDER COUNTY OF MONROE, RESPONDENT-APPELLANT, ET AL., RESPONDENT. MICHAEL E. DAVIS, COUNTY ATTORNEY, ROCHESTER (MATTHEW D. BROWN OF COUNSEL), FOR RESPONDENT-APPELLANT. WILLIAM MATTAR, P.C., WILLIAMSVILLE (JOHN ABEEL OF COUNSEL), FOR CLAIMANT-RESPONDENT. Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered December 8, 2015. The order, insofar as appealed from, granted the application of claimant for leave to serve a late notice of claim on respondent County of Monroe. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on January 13, 2017, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: March 24, 2017 Frances E. Cafarell Clerk of the Court