Appeal from an order of the Supreme Court, Erie County (Tracey A. Bannister, J.), entered June 20, 2013. The order denied the motion of defendant for summary judgment.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 26, 2014, it is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.
Present — Smith, J.E, Peradotto, Valentino, Whalen and DeJoseph, JJ.