September 27, 2013
JUDITH CIRIFALCO AND SALVATORE A. CIRIFALCO, PLAINTIFFS-RESPONDENTS,
U.S.I. BUILDING SERVICES, INC., DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered May 9, 2012. The order denied the motion of defendant for summary judgment.
DAMON MOREY LLP, BUFFALO (MICHAEL L. AMODEO OF COUNSEL), FOR DEFENDANT-APPELLANT.
DAVID P. FELDMAN, BUFFALO, FOR PLAINTIFFS-RESPONDENTS.
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on August 12, 2013, and filed in the Niagara County Clerk's Office on August 22, 2013,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.