Appellate Division: Second Judicial Department

M218009

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-11365 Stamford Wrecking Company, plaintiff-respondent- appellant, v City of Poughkeepsie, defendant-appella respondent, Hayward Baker, Inc., doing business as G. Donaldson Construction Co., etc., defendant third-party-plaintiff-appellant-respondent, Fidelity and Deposit Company of Maryland, defendant- appellant-respondent; Travelers Casualty & Surety Co. of America, third-party defendant-respondent- appellant, Skyline Steel, LLC, third-party defendant/ fourth-party-plaintiff-respondent, Sherwin-Williams Company, fourth-party defendant-respondent. (Index No. 4840/11)

DECISION & ORDER ON MOTION nt

On the Court's own motion, it is

ORDERED that the order on application of this Court dated August 16, 2016, in the above-entitled appeal is recalled and vacated and the following order on application is substituted therefor:

Application by the plaintiff-respondent-appellant and the third-party defendant-respondent-appellant to withdraw their cross appeals from an order of the Supreme Court, Dutchess County, dated October 5, 2015.

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the cross appeals by the plaintiff-respondent-appellant and the third-party defendant-respondent-appellant are marked withdrawn.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court