SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 447 CA 12-01276 PRESENT: CENTRA, J.P., FAHEY, CARNI, WHALEN, AND MARTOCHE, JJ. CARROWAY LUXURY HOMES, LLC, PLAINTIFF-RESPONDENT, V ORDER RICHARD EDWARDS, DOING BUSINESS AS EDWARDS FRAMING & CONTRACTING, DEFENDANT-APPELLANT, ET AL., DEFENDANT. COSTELLO, COONEY & FEARON PLLC, SYRACUSE (CHRISTOPHER G. TODD OF COUNSEL), FOR DEFENDANT-APPELLANT. BOND, SCHOENECK & KING, PLLC, SYRACUSE (J.P. WRIGHT OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, J.), entered October 14, 2011. The order, insofar as appealed from, granted the motion of plaintiff for summary judgment against defendant Richard Edwards, doing business as Edwards Framing & Contracting. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on January 4 and 9, 2013, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: April 26, 2013 Frances E. Cafarell Clerk of the Court