Appeal from an order of the Supreme Court, Oneida County (Norman I. Siegel, J.), entered September 18, 2012 in a personal injury action. The order, among other things, denied third-party defendant’s cross motion for summary judgment dismissing the third-party complaint.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on October 1 and 9, 2013, and December 9, 2013, and filed in the Oneida County Clerk’s Office on December 10, 2013,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present — Scudder, P.J., Fahey, Peradotto, Carni and Valentino, JJ.