Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered December 30, 2005 in a foreclosure action. The order granted plaintiffs motion to discharge the Referee, to discontinue the foreclosure action and to cancel the lis pendens.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Martoche, J.P., Smith, Centra, Peradotto and Green, JJ.