Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Karen G. Felter of counsel), for defendant-appellant.

Zimmerman Law Office, Syracuse (Aaron Zimmerman of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Joseph E. Lamendola, J.), entered September 10, 2021. The order, insofar as appealed from, denied in part the motion of defendant for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 11 and 16, 2022,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Centra, Peradotto, Lindley and NeMoyer, JJ.