Appeal from an order of the Supreme Court, Seneca County (David Michael Barry, J.), entered August 23, 2007. The order granted defendant’s cross motion for summary judgment.
Now, upon reading and filing the stipulation of settlement and discontinuance signed by the attorneys for the parties on February 23, 2009,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, EJ., Smith, Fahey, Garni and Pine, JJ.