
    Jessica Jacobi, Respondent, v Jeremy R. Majewski, Defendant, and Salvatore Callea, Appellant.
    [849 NYS2d 853]
   Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered December 12, 2006 in a personal injury action. The order denied the motion of defendant Salvatore Callea for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on November 11, 2007,

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