Opinion
2013-03-15
William J. BABCOCK, Jr. and William J. Babcock, Jr., As Executor of the Estate of Lorna F. Babcock, Deceased, Plaintiffs–Appellants, v. H. Robert SCHOENBERGER, Defendant–Respondent.
Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered June 7, 2011. The order, inter alia, denied the motion of plaintiffs for summary judgment. Harris Beach PLLC, Pittsford (John A. Mancuso of Counsel), for Plaintiffs–Appellants. Woods Oviatt Gilman LLP, Rochester (Beryl Nusbaum of Counsel), for Defendant–Respondent.
Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered June 7, 2011. The order, inter alia, denied the motion of plaintiffs for summary judgment.
Harris Beach PLLC, Pittsford (John A. Mancuso of Counsel), for Plaintiffs–Appellants. Woods Oviatt Gilman LLP, Rochester (Beryl Nusbaum of Counsel), for Defendant–Respondent.
Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on February 14 and 15, 2013,
*681It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.