Appeal from an order of the Supreme Court, Herkimer County (Norman I. Siegel, J.), entered November 5, 2012. The order denied the motion of defendants for summary judgment. Now, upon the stipulation discontinuing action signed by the attorneys for the parties on August 6, 2013, and filed in the Herkimer County Clerk’s Office on August 27, 2013, It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.
Present — Scudder, PJ., Smith, Centra, Fahey and Peradotto, JJ.