GREEN, ROBERT v. C.O. FALTER CONSTRUCTION CORP.

— Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered January 6, 2010. The order, insofar as appealed from, denied in part the cross motion of defendants for summary judgment.

Now, upon the stipulation of discontinuance of action signed by the attorneys for the parties on November 30 and December 3, 2010, and filed in the Erie County Clerk’s Office on January 12, 2011,

It is hereby ordered that said appeal is dismissed without costs upon stipulation.

All concur except Pine, J., who is not participating. Present— Centra, J.P, Carni, Sconiers and Pine, JJ.