*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 834

CA 15-01566

PRESENT: PERADOTTO, J.P., CARNI, DEJOSEPH, NEMOYER, AND CURRAN, JJ. SUSAN KOZLOWSKI, PLAINTIFF-RESPONDENT,

V ORDER UNILAND DEVELOPMENT COMPANY, DEFENDANT-APPELLANT, ADF CONSTRUCTION CORPORATION, ET AL., DEFENDANTS.

BROWN & KELLY LLP, BUFFALO (H. WARD HAMLIN, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.

PAUL WILLIAM BELTZ, P.C., BUFFALO (BRIAN R. HOGAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Erie County (James H.

Dillon, J.), entered April 2, 2015. The order, among other things, granted plaintiff’s cross motion for a protective order.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on April 20, 2016, and filed in the Erie County Clerk’s Office on April 29, 2016,

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

Entered: September 30, 2016 Frances E. Cafarell

Clerk of the Court