| HAYWARD BAKER, INC., V C.O. FALTER CONSTRUCTION CORP., ZURICH AMERICAN INSURANCE COMPANY, AND FIDELITY AND DEPOSIT |
| Motion No: CA 12-00398 |
| Slip Opinion No: 2012 NY Slip Op 80524(U) |
| Decided on August 2, 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 NO. CA 12-00398
| HAYWARD BAKER, INC., PLAINTIFF-RESPONDENT-APPELLANT, V C.O.
FALTER CONSTRUCTION CORP., ZURICH AMERICAN INSURANCE COMPANY, AND FIDELITY AND DEPOSIT COMPANY OF MARYLAND,
DEFENDANTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 1.) |
Plaintiff having moved to vacate the dismissal of its cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on June 28, 2011,
Now, upon reading and filing the affirmation of Clifford G. Tsan, Esq., dated July 17, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the dismissal of plaintiff's cross appeal taken herein is vacated and plaintiff's cross appeal is accepted for filing.
Entered: August 2, 2012
Frances E. Cafarell, Clerk