WHALEN, P.J., CENTRA, NEMOYER, TROUTMAN, AND SCUDDER, JJ.
PRESENT: WHALEN, P.J., CENTRA, NEMOYER, TROUTMAN, AND SCUDDER, JJ.
DAVID M. KAPLAN, PENFIELD, FOR DEFENDANT-APPELLANT.
FORSTER & GARBUS, LLP, COMMACK (VALERIE E. WATTS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered August 5, 2015. The order denied the motion of defendant for summary judgment.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on July 1, 2016, and filed in the Ontario County Clerk's Office on July 19, 2016,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
Entered: October 7, 2016
Frances E. Cafarell
Clerk of the Court