Barth Sullivan Behr, Syracuse (Andrew J. Kowalewski of counsel), for defendants-appellants.

George F. Aney, Herkimer, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Oneida County (David A. Murad, J.), entered August 19, 2013. The order, insofar as appealed from, denied in part the motion of defendants for summary judgment dismissing the complaint.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on September 3, 2014, and filed in the Oneida County Clerk's Office on September 18, 2014, it is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Fahey, Lindley, Whalen and DeJoseph, JJ.