
    Judith Cirifalco et al, Respondents, v U.S.I. Building Services, Inc., Appellant.
    [971 NYS2d 707]
   — Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered May 9, 2012. The order denied the motion of defendant for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on August 12, 2013, and filed in the Niagara County Clerk’s Office on August 22, 2013,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present — Scudder, EJ., Smith, Centra, Fahey and Peradotto, JJ.  