HENSLER, CARL v. GALASSO, DOMINIC A.

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered April 29, 2013. The order denied the motion of defendant for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on December 30, 2013, and filed in the Erie County Clerk’s Office on January 23, 2014,

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