*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1279

CA 13-00586

PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, LINDLEY, AND SCONIERS, JJ. TOM TRALA, PLAINTIFF-APPELLANT,

V ORDER DELTA SONIC CARWASH SYSTEMS, INC., DELTA

SONIC SALES & SERVICE, INC., DELTA SONIC CAR

WASH CORPORATION AND BENDERSON DEVELOPMENT

COMPANY, LLC, DEFENDANTS-RESPONDENTS.

LAW OFFICES OF EUGENE C. TENNEY, PLLC, BUFFALO (COURTNEY G. SCIME OF COUNSEL), FOR PLAINTIFF-APPELLANT.

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (MAURICE L. SYKES OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. Appeal from an order of the Supreme Court, Erie County (Kevin M.

Dillon, J.), entered September 19, 2012. The order denied the motion of plaintiff to strike the answer of defendants.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on December 12, 2013,

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

Entered: December 27, 2013 Frances E. Cafarell

Clerk of the Court