Law Office of Ronald J. Passero, Rochester (Ronald J. Passero of counsel), for plaintiff-appellant. Law Offices of Epstein, Gialleonardo & Hartford, Getzville (Jennifer V. Schiffmacher of counsel), for defendants-respondents. Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered February 2, 2011 in a declaratory judgment action. The order, among other things, granted defendants' cross motion for dismissal and summary judgment. Now, upon reading and filing the stipulation discontinuing action signed by the attorneys for the parties on January 18 and 20, 2012, It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present Smith, J.P., Peradotto, Lindley, Sconiers and Gorski, JJ.