
    Benderson Properties, Inc., Appellant, v Wynit, Inc., Respondent.
    [963 NYS2d 909]
   Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered July 5, 2012. The order denied plaintiffs motion for a protective order.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on January 21, 2013, and filed in the Erie County Clerk’s Office on February 12, 2013,

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

Present—Smith, J.P, Peradotto, Lindley, Valentino and Whalen, JJ.  