Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered November 9, 2010 in a personal injury action. The order denied the motion of plaintiff for summary judgment, granted the cross motion of defendants for summary judgment and dismissed the complaint.Law Offices of James Morris, Buffalo (James E. Morris of Counsel), for plaintiff-appellant. Law Offices of Destin Santacrose, Buffalo (Cheryl A. Krzywicki of Counsel), for defendants-respondents.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties and filed on February 6, 2012,
All concur except Gorski, J., who is not participating.
*921 It is hereby ORDERED that said appeal is dismissed without costs upon stipulation. SMITH, J.P., FAHEY, CARNI, SCONIERS, and GORSKI, JJ., concur.