*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 47

CA 14-01274

PRESENT: SMITH, J.P., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ. BRIAN SCHNEIDER AND SHELLEY SCHNEIDER, PLAINTIFFS-APPELLANTS-RESPONDENTS,

V ORDER GREG E. BOBERG, INDIVIDUALLY AND DOING

BUSINESS AS GREG BOBERG CONSTRUCTION,

DEFENDANT-RESPONDENT-APPELLANT.

BROWN CHIARI LLP, LANCASTER (NELSON E. SCHULE, JR., OF COUNSEL), FOR PLAINTIFFS-APPELLANTS-RESPONDENTS.

SMITH, MURPHY & SCHOEPPERLE, LLP, BUFFALO (STEPHEN P. BROOKS OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT. Appeal and cross appeal from an order of the Supreme Court, Cattaraugus County (Paula L. Feroleto, J.), entered March 21, 2014. The order denied the motion of plaintiffs for partial summary judgment, and granted in part and denied in part the cross motion of defendant for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 9, 2015,

It is hereby ORDERED that said appeal and cross appeal are dismissed without costs upon stipulation.

All concur except F AHEY , J., who is not participating. Entered: March 20, 2015 Frances E. Cafarell

Clerk of the Court