
    Tripi Foods, Inc., Respondent, v M.W.S. Enterprises, Inc., Appellant.
    [60 NYS3d 889]
   Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered May 9, 2016. The order denied the motion of defendant to dismiss the second cause of action of the amended complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 14, 2017,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.

Present — Whalen, P.J., Peradotto, Lindley, NeMoyer and Curran, JJ.  