RJH Holding Corp. v Great American Insurance Company
Motion No: 2009-05697
Slip Opinion No: 2011 NY Slip Op 70330(U)
Decided on April 19, 2011
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M109419

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2009-05697, 2010-00064, 2010-2408

RJH Holding Corp., plaintiff, v Great American

Insurance Company of New York, defendant

third-party plaintiff-appellant; Arthur J. Gallagher

& Co., defendant third-party defendant-respondent.

(Index No. 12408/07)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on application of this Court dated October 8, 2010, in the above-entitled appeals is recalled and vacated and the following order on application is substituted therefor:

Application to withdraw appeals from three orders of the Supreme Court, Kings County, dated April 29, 2009, October 14, 2009, and January 27, 2010, respectively.

Upon the stipulation of the attorneys for the respective parties, dated August 24, 2010, it is

ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court