
    Barbara Janicki, Respondent, v Rexford L. Thomas, Jr., M.D., Appellant.
    [887 NYS2d 904]
   Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered September 24, 2008 in a medical malpractice action. The order denied the motion of defendant for summary judgment.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on August 24, 2009,

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