—[*1] Burgio, Kita & Curvin, Buffalo (James P. Burgio of counsel), for defendants-appellants.

John P. Feroleto, Buffalo, for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered February 8, 2008 in a personal injury action. The order, insofar as appealed from, denied the motion of defendants for summary judgment dismissing the complaint.

Now, upon the stipulation of discontinuance of action signed by the attorneys for the parties on September 18, 2008, and filed in the Erie County Clerk's Office on October 8, 2008,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Hurlbutt, J.P., Smith, Centra, Green and Pine, JJ.