*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1335

CA 15-00894

PRESENT: SCUDDER, P.J., SMITH, VALENTINO, WHALEN, AND DEJOSEPH, JJ. JUSTIN COFFEE, PLAINTIFF-RESPONDENT,

V ORDER TANK INDUSTRY CONSULTANTS, INC.,

DEFENDANT-APPELLANT,

AND WORLDWIDE INDUSTRIES CORP., DEFENDANT. ------------------------------------------

WORLDWIDE INDUSTRIES CORP., THIRD-PARTY

PLAINTIFF,

V

CDK INDUSTRIES, INC., THIRD-PARTY DEFENDANT.

(APPEAL NO. 2.)

SUGARMAN LAW FIRM, LLP, SYRACUSE (STEPHEN A. DAVOLI OF COUNSEL), FOR DEFENDANT-APPELLANT.

STANLEY LAW OFFICES, LLP, SYRACUSE (ROBERT A. QUATTROCCI OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered November 14, 2014. The order, among other things, denied the motion of defendant Tank Industry Consultants, Inc. for leave to reargue and/or renew its motion for summary judgment.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on September 28, 2015,

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

Entered: December 23, 2015 Frances E. Cafarell

Clerk of the Court