Appellate Division of the Supreme Court of the State of New York June 5, 2009, Appeal No. 2 (Grasso v. Town of West Seneca)

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered October 23, 2007 in a proceeding pursuant to CPLR article 78. The order, inter alia, denied the request of petitioners for a default judgment against respondents.

Now, upon the stipulation dismissing the petition against respondent James E Higgins, S.J.