—[*1] O'Connell and Aronowitz, Albany (Jeffrey J. Sherrin of counsel), for defendant-appellant and defendant. Damon Morey LLP, Buffalo (Stephen M. O'Neill of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered May 14, 2009. The order, insofar as appealed from, granted in part plaintiff's motion seeking a preliminary injunction to enforce a restrictive covenant contained in an employment agreement.

Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties on November 16 and 19, 2009,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Hurlbutt, J.P., Peradotto, Carni, Pine and Gorski, JJ.