| First National Insurance Company of America v Xavier Co |
| Motion No: 2012-05555 |
| Slip Opinion No: 2013 NY Slip Op 82607(U) |
| Decided on August 19, 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. |
Appellate Division: Second Judicial Department
M160885
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX, JJ.
|
2012-05555 First National Insurance Company of America, respondent, v Xavier Construction Co., Inc., et al., appellants.
(Index No. 10-30820)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated April 5, 2012, on the ground that the parties have settled the action.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.
SKELOS, J.P., DICKERSON, LEVENTHAL and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court