Opinion
Motion No: CA 12-01108 CA 12-01173
06-26-2012
ALVIN L. GAUVIN AND ELISE C. GAUVIN, PLAINTIFFS-RESPONDENTS, v. NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY, AND NATIONWIDE MUTUAL INSURANCE COMPANY, DEFENDANTS-APPELLANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellants having moved, upon the return of an order to show cause signed by the Honorable Henry J. Scudder on June 15, 2012, for a stay of all proceedings to enforce an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Yates on March 28, 2012, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Jennifer V. Schiffmacher, Esq., dated June 14, 2012, the statement of Jennifer V. Schiffmacher, Esq., dated June 22, 2012, withdrawing appellants' motion, and said show cause order with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is withdrawn and dismissed and the temporary stay contained in the order to show cause is vacated.
Frances E. Cafarell, Clerk