Gerber Ciano Kelly Brady, LLP, Buffalo (Arlow Linton of counsel), for defendants-appellants.

Hutcheson, Affronti & Deisinger, P.C., Niagara Falls (Mark R. Affronti of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered October 15, 2021. The order, insofar as appealed from, denied the motion of defendants for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 5, 2022,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Lindley, J.P., NeMoyer, Winslow, Bannister and Montour, JJ.