—[*1] Hiscock & Barclay, LLP, Rochester (Anthony J. Piazza of counsel), for defendant-appellant.

Christopher G. Johnson, Rochester, for claimant-respondent.

Appeal from a judgment of the Court of Claims (Renee Forgensi Minarik, J.), entered June 4, 2009 in a personal injury action. The judgment, among the other things, resolved the issue of reckless disregard in favor of claimant and determined that defendant is 100% at fault for causing the accident.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on August 6 and 9, 2010,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Martoche, Centra, Fahey and Green, JJ.