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

DOCKET NO. CA 11-01922
DOCKET NO. CA 11-01923

LORI HOOVER AND JESSICA BOWERS, PLAINTIFFS-RESPONDENTS, V NEW HOLLAND NORTH AMERICA, INC., FORMERLY KNOWN AS FORD NEW HOLLAND, INC., CASE NEW HOLLAND, INC., NIAGARA FRONTIER EQUIPMENT SALES, INC., FORMERLY KNOWN AS NIAGARA FORD NEW HOLLAND, INC., DEFENDANTS-APPELLANTS, NEAPCO, INC., UNITED COMPONENTS, INC., AS SUCCESSOR IN INTEREST TO NEW ENGLAND AUTO PRODUCTS CORPORATION ALSO KNOWN AS NEAPCO, PETER A. SMITH, ALAMO GROUP (SMC) INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO SMC CORPORATION, ALAMO GROUP (USA) INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO SMC CORPORATION, SMC CORPORATION, AND GKN WALTERSCHEID, INC., DEFENDANTS, CNH AMERICA LLC, THIRD-PARTY PLAINTIFF, V KYLE P. ANDREWS, TREASURER OF NIAGARA COUNTY, AS THE TEMPORARY ADMINISTRATOR FOR THE ESTATE OF GARY HOOVER, DECEASED, THIRD-PARTY DEFENDANT. ——————————————————————& mdash;——- GKN WALTERSCHEID, INC., THIRD-PARTY PLAINTIFF, V KYLE P. ANDREWS, TREASURER OF NIAGARA COUNTY, AS THE TEMPORARY ADMINISTRATOR FOR THE ESTATE OF GARY HOOVER, DECEASED, THIRD-PARTY DEFENDANT. LORI HOOVER AND JESSICA BOWERS, PLAINTIFFS-RESPONDENTS, V NEW HOLLAND NORTH AMERICA, INC., FORMERLY KNOWN AS FORD NEW HOLLAND, INC., CASE NEW HOLLAND, INC., NIAGARA FRONTIER EQUIPMENT SALES, INC., FORMERLY KNOWN AS NIAGARA FORD NEW HOLLAND, INC., DEFENDANTS-APPELLANTS, NEAPCO, INC., UNITED COMPONENTS, INC., AS SUCCESSOR IN INTEREST TO NEW ENGLAND AUTO PRODUCTS CORPORATION ALSO KNOWN AS NEAPCO, PETER A. SMITH, ALAMO GROUP (SMC) INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO SMC CORPORATION, ALAMO GROUP (USA) INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO SMC CORPORATION, SMC CORPORATION, AND GKN WALTERSCHEID, INC., DEFENDANTS, ——————————————————————& mdash;——- CNH AMERICA LLC, THIRD-PARTY PLAINTIFF, V KYLE P. ANDREWS, TREASURER OF NIAGARA COUNTY, AS THE TEMPORARY ADMINISTRATOR FOR THE ESTATE OF GARY HOOVER, DECEASED, THIRD-PARTY DEFENDANT. ——————————————————————& mdash;——- GKN WALTERSCHEID, INC., THIRD-PARTY PLAINTIFF, V KYLE P. ANDREWS, TREASURER OF NIAGARA COUNTY, AS THE TEMPORARY ADMINISTRATOR FOR THE ESTATE OF GARY HOOVER, DECEASED, THIRD-PARTY DEFENDANT.

Appellants having moved to withdraw, without prejudice, the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Niagara on December 20, 2010,

Now, upon reading and filing the affidavit of Paul F. Jones, Esq., sworn to September 16, 2011, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq., sworn to September 20, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeals are withdrawn without prejudice.

Entered: September 28, 2011

Patricia L. Morgan, Clerk