BOVE v. CHERNEY

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the plaintiffs' motion. It is undisputed that no written stipulation of discontinuance signed "by the attorneys of record for all parties" was ever filed with the clerk of the court as required pursuant to CPLR 3217 (a) (2) ( see, Millicent Bender, Inc. v. J.D. Posillico, Inc., 144 A.D.2d 548).

O'Brien, J.P., Ritter, Friedmann and Goldstein, JJ., concur.