CAPITAL ONE NA v. COLUCCI, DAVID

Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered October 8, 2013. The order, among other things, denied defendant’s motion to vacate a default judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 23, 2015,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present — Smith, J.P., Peradotto, Lindley, Valentino and DeJoseph, JJ.