*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1009/16

CA 15-02060

PRESENT: CENTRA, J.P., CARNI, LINDLEY, CURRAN, AND SCUDDER, JJ. RJW ENTERPRISES, INC., A DIVISION OF PRIMALYN

ENTERPRISES, INC., PLAINTIFF-RESPONDENT,

V ORDER P.J. SIMAO, LIBERTY SACKETTS HARBOR LLC, IVES

HILL COUNTRY CLUB, DEFENDANTS-APPELLANTS,

ET AL., DEFENDANTS.

CENTOLELLA LYNN D’ELIA & TEMES LLC, SYRACUSE (DAVID C. TEMES OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

PHILLIPS LYTLE LLP, ROCHESTER (MARK J. MORETTI OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeals from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered February 12, 2015. The order, among other things, granted plaintiff’s motion for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties, and filed in the Monroe County Clerk’s Office on April 26, 2017,

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

Entered: May 5, 2017 Frances E. Cafarell

Clerk of the Court