Opinion
359
March 15, 2002.
Appeal from an order of Supreme Court, Allegany County (NeMoyer, J.), entered June 8, 2001, which denied defendants' motion for summary judgment.
Feldman, Kieffer Herman, LLP, Buffalo (Gordon D. Tresch of counsel), for defendants-appellants.
Dwyer Black, P.C., Olean (Ethan M. Lyle of counsel), for plaintiff-respondent.
PRESENT: PINE, J.P., WISNER, SCUDDER, GORSKI, AND LAWTON, JJ.
ORDER
Now, upon the stipulation discontinuing action signed by the attorneys for the parties on January 8, 2002, and filed in the Allegany County Clerk's Office on January 14, 2002,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.