PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-00121

NEW YORK MARINE AND GENERAL INSURANCE COMPANY, TIME SQUARE CONSTRUCTION, INC., AND 47 EAST 34TH PARTNERS, LP, PLAINTIFFS-RESPONDENTS-APPELLANTS, V ASPEN SPECIALTY INSURANCE COMPANY, NAVILLUS TILE, INC., DOING BUSINESS AS NAVILLUS CONTRACTING, INC., DEFENDANTS-APPELLANTS-RESPONDENTS.

Plaintiffs and defendant Aspen Specialty Insurance Company (Aspen) having separately moved and defendant Navillus Tile, Inc., doing business as Navillus Contracting, Inc., (Navillus) having cross-moved to vacate dismissal of the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 21, 2010,

Now, upon reading and filing the affidavit of Diane F. Bosse, Esq. sworn to April 25, 2011, the affidavit of Paul J. Callahan, Esq. sworn to April 26, 2011, the affirmation of Bryan J. Weisburd, Esq. received May 2, 2011, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that Aspen's motion is granted, on the condition that Aspen perfects its appeal on or before August 5, 2011, and

It is further ORDERED that Navillus' cross motion is granted, on the condition that Navillus perfects its appeal on or before August 5, 2011, and

It is further ORDERED that plaintiffs' motion is granted, on the condition that plaintiffs perfect their cross appeal on or before September 9, 2011.

Entered: June 6, 2011

Patricia L. Morgan, Clerk