*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 69

CA 10-01992

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, SCONIERS, AND GORSKI, JJ. KRISTEN RICKERT AND ROBERT RICKERT,

PLAINTIFFS-RESPONDENTS,

V ORDER COUNTY OF ONONDAGA, DEFENDANT-APPELLANT.

GORDON J. CUFFY, COUNTY ATTORNEY, SYRACUSE (MARY J. FAHEY OF COUNSEL), FOR DEFENDANT-APPELLANT.

LYNN LAW FIRM, LLP, SYRACUSE (PATRICIA A. LYNN-FORD OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS. Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered February 24, 2010 in a personal injury action. The order denied the motion of defendant for summary judgment.

Now, upon reading and filing the stipulation of withdrawal of appeal signed by the attorneys for the parties on December 30, 2010 and January 4, 2011,

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

Entered: February 10, 2011 Patricia L. Morgan

Clerk of the Court