| STATE FARM FIRE AND CASUALTY COMPANY V BRYAN C. DUDZIAK, SCOTT NEWTON, SCOTT GLISS, ROBERT GLISS, AND AMY GLISS |
| Motion No: CA 11-00128 |
| Slip Opinion No: 2011 NY Slip Op 77180(U) |
| Decided on June 28, 2011 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-00128
| STATE FARM FIRE AND CASUALTY COMPANY, PLAINTIFF-APPELLANT, V
BRYAN C. DUDZIAK, SCOTT NEWTON, SCOTT GLISS, ROBERT GLISS, AND AMY GLISS,
DEFENDANTS-RESPONDENTS. |
Appellants having moved, upon the return of an order to show cause granted by the Honorable Erin M. Peradotto, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 3, 2011, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Jeffrey L. Kingsley, Esq., dated January 10, 2011, said show cause order with proof of service thereof, and the letter of Brian R. Biggie, Esq., dated March 10, 2011, seeking to withdraw the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed and the temporary stay contained in the order to show cause is vacated.
Entered: June 28, 2011
Patricia L. Morgan, Clerk