ASD Specialty Healthcare, Inc., Doing Business as Oncology Supply Company, Derivatively on Behalf of Syracuse Hematology/Oncology, P.C., Respondent, v. J. Robert Smith, Defendant, and Benjamin S. Himpler et al., Appellants

— Appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered February 22, 2010. The order granted plaintiffs motion for leave to reargue and upon reargument reinstated plaintiffs complaint.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on January 11, 2011,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present — Smith, J.P., Fahey, Sconiers and Martoche, JJ.