Defendants.

x UPON the summons and complaintfiled by the plaintiff; the verified answeug filed by the defendants.

Darby General Contracting Inc., Lewis Darby and Mary Darby; the Notice of Motion filed July 8" 2022 on behalfof the individual defendants, Lewis Darby and Mary Darby;the affirmation ofL.

John Bopp, Esq. dated July 8", 2022;the affidavit ofMary Darby daveda) July 6", 2022: the affidavit ofLewis Darbyiiy 6" 2022 together with the exhibits annexed and memorandum of law submitted in support of defendant’s motion for an order pursuant to CPLRsections 3212, 321 Maneons 3016(b) and upon proofofserviceofNoticeof Settlement of this order: and UPONtheletter subraitted to the court by plaintiff's counsel, E. Stewart Jones Hacker Murphy LLP. that plaintiff would not be opposing the defendants motion.it is hereby ORDEREDthatplaintiff's motion is hereby granted without opposition and it is ORDEREDthatall causes ofaction in this action against Lewis Darby and Mary Darby are hereby dismissed and it is ORDEREDthat a copy ofthis Order shall be served uponplaintiffs counsel within twenty (20) days ofils entry.

Dated: Albany, New York September 2.2, 2022