Harris Beach PLLC, Buffalo (Tristan D. Hujer of counsel), for defendant-appellant-respondent Steuben County Industrial Development Agency.

Harter Secrest & Emery LLP, Rochester (A. Paul Britton of counsel), for defendant-appellant-respondent B&H Rail Corp., Formerly Known as Cohocton Valley Rail Corp. (a Wholly Owned Subsidiary of Livonia, Avon & Lakeville Railroad Corp.).

Law Office of Richard P. Urda, Ithaca (Richard P. Urda of counsel), for plaintiff-respondent-appellant.

Barclay Damon LLP, Elmira (Jeremy J. Hourihan of counsel), for defendant-respondent.

Appeals and cross appeal from an order of the Supreme Court, Steuben County (Joseph W. Latham, A.J.), entered June 28, 2017. The order, among other things, granted the motion of defendant Steuben County to dismiss the complaint against it and granted the cross motion of plaintiff for summary judgment on the issue of liability against the remaining defendants.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on October 19, 24 and 29, and November 2, 2018, and filed in the Steuben County Clerk's Office on November 14, 2018,

It is hereby ordered that said appeals and cross appeal are unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Smith, Centra, NeMoyer and Curran, JJ.