
    William J. Babcock, Jr., Individually and as Executor of Lorna F. Babcock, Deceased, Appellant, v H. Robert Schoenberger, Respondent.
    [960 NYS2d 680]
   Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered June 7, 2011. The order, inter alia, denied the motion of plaintiffs for summary judgment.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on February 14 and 15, 2013,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present — Scudder, EJ., Centra, Lindley, Sconiers and Martoche, JJ.  