June 7, 2013
ARIA CONTRACTING CORPORATION AND JAMES F. JERGE, JR., PLAINTIFFS-RESPONDENTS,
HISCOCK & BARCLAY, LLP, HISCOCK BARCLAY SAPERSTON & DAY AND MICHAEL E. FERDMAN, ESQ., DEFENDANTS-APPELLANTS.
Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered August 21, 2012. The order, among other things, granted the motion of plaintiffs for summary judgment.
CONNORS & VILARDO, LLP, BUFFALO (TERRENCE M. CONNORS OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
WEBSTER SZANYI LLP, BUFFALO (THOMAS S. LANE OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS. Now, upon the stipulation discontinuing action signed by the attorneys for the parties on February 25, 2013, and filed in the Erie County Clerk's Office on March 22, 2013,
PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, SCONIERS, AND WHALEN, JJ.
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.