*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 62

CA 15-00640

PRESENT: SMITH, J.P., CARNI, LINDLEY, AND DEJOSEPH, JJ.

PAUL E. GILLETTE AND KIM A. GILLETTE, PLAINTIFFS-RESPONDENTS,

V ORDER ESTATE OF IVAN H. ENSTROM, DECEASED, BY

ELIZABETH P. ENSTROM, AS EXECUTOR,

DEFENDANT-APPELLANT.

(APPEAL NO. 1.)

THE LAW FIRM OF JANICE M. IATI, P.C., ROCHESTER (JANICE M. IATI OF COUNSEL), FOR DEFENDANT-APPELLANT.

CANNON & VANALLEN, LLP, GENESEO (SCOTT D. CANNON OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS. Appeal from an order of the Supreme Court, Livingston County (Dennis S. Cohen, A.J.), entered July 8, 2014. The order granted plaintiffs’ motion for partial summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 7 and 21, 2015,

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

Entered: February 5, 2016 Frances E. Cafarell

Clerk of the Court