| ALVIN L. GAUVIN AND ELISE C. GAUVIN V NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY, AND NATIONWIDE MUTUAL |
| Motion No: NOS. CA 12-01108 AND CA 12-01173 |
| Slip Opinion No: 2012 NY Slip Op 77537(U) |
| Decided on June 26, 2012 |
| 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 NOS. CA 12-01108 AND CA 12-01173
| ALVIN L. GAUVIN AND ELISE C. GAUVIN, PLAINTIFFS-RESPONDENTS,
V NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY, AND NATIONWIDE MUTUAL INSURANCE COMPANY,
DEFENDANTS-APPELLANTS. |
Appellants having moved, upon the return of an order to show cause signed by the Honorable Henry J. Scudder on June 15, 2012, for a stay of all proceedings to enforce an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Yates on March 28, 2012, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Jennifer V. Schiffmacher, Esq., dated June 14, 2012, the statement of Jennifer V. Schiffmacher, Esq., dated June 22, 2012, withdrawing appellants' motion, and said show cause order with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is withdrawn and dismissed and the temporary stay contained in the order to show cause is vacated.
Entered: June 26, 2012
Frances E. Cafarell, Clerk