| Padilla Construction Services, Inc. v DeMicco Brothers, In |
| Motion No: 2013-11008 |
| Slip Opinion No: 2014 NY Slip Op 71346(U) |
| Decided on May 6, 2014 |
| 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
M173632
L/
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2013-11008, 2014-01179
Padilla Construction Services, Inc., respondent, v DeMicco Brothers, Inc., et a appellants. (Appeal No. 1) Padilla Construction Services, Inc., appella respondent, v DeMicco Brothers, Inc., et a respondents-appellants, Zurich American I Company, et al., respondents. (Appeal No. 2) (Index No. 4391/11)
| ORDER ON APPLICATION Application to Withdraw Appeal l., nt- l., nsurance |
Application by Fidelity & Deposit Company of Maryland and Zurich American Insurance Company on an appeal from an order of the Supreme Court, Nassau County, dated August 16, 2013, and an appeal and cross appeal from an order of the same court dated November 18, 2013, respectively, to withdraw their appeal from the order dated August 16, 2013, under Appellate Division Docket No. 2013-11008.
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 appeal by Fidelity & Deposit Company of Maryland and Zurich American Insurance Company, from the order dated August 16, 2013, under Appellate Division Docket No. 2013-11008, is marked withdrawn.
ENTER:
Aprilanne Agostino
Clerk of the Court