Opinion
DOCKET NO. CA 12-00398
08-02-2012
HAYWARD BAKER, INC., PLAINTIFF-RESPONDENT-APPELLANT, v. C.O. FALTER CONSTRUCTION CORP., ZURICH AMERICAN INSURANCE COMPANY, AND FIDELITY AND DEPOSIT COMPANY OF MARYLAND, DEFENDANTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 1.)
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Plaintiff having moved to vacate the dismissal of its cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on June 28, 2011,
Now, upon reading and filing the affirmation of Clifford G. Tsan, Esq., dated July 17, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the dismissal of plaintiff's cross appeal taken herein is vacated and plaintiff's cross appeal is accepted for filing.
Frances E. Cafarell, Clerk