—Appeal from an order of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered December 17, 2008 in a proceeding pursuant to CPLR article 75. The order granted the petition for a permanent stay of arbitration.
Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on January 27, 2010, it is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Centra, Carni and Pine, JJ.