Vassar College v Diamond State Insurance Company
Motion No: 2012-06434
Slip Opinion No: 2013 NY Slip Op 70960(U)
Decided on April 18, 2013
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M154857

L/

2012-06434, 2012-07934

Vassar College, et al., appellants-respondents,

v Diamond State Insurance Company, defendant,

Scottsdale Insurance Company, et al., respondents-

appellants, Marshall & Sterling, Inc., respondent.

(Index No. 7778/08)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the respondent-appellant Kirchhoff Construction Management, Inc., on appeals and cross appeals from an order of the Supreme Court, Dutchess County, dated May 11, 2012, and an amended judgment of the same court dated June 27, 2012, for leave to withdraw its cross appeal from the order.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the cross appeal by the respodnent-appellant Kirchhoff Construction Management, Inc., from the order dated May 11, 2012, under Appellate Division Docket No. 2012-06434, is marked withdrawn.

ENTER:

Aprilanne Agostino

Clerk of the Court