INTERNATIONAL GROUP INC AND INTERNATIONAL GROUP LLC PLAINTIFFS APPELLANTS RESPONDENTS v. UNITED STATES AVIATION UNDERWRITERS INCORPORATED ACE AMERICAN INSURANCE COMPANY GENERAL REINSURANCE CORPORATION LIBERTY MUTUAL INSURANCE COMPANY AND NATIONAL LIABILITY FIRE INSURANCE COMPANY INDIVIDUALLY AND AS PARTICIPATING MEMBERS OF THE UNITED STATES AIRCRAFT INSURANCE GROUP DEFENDANTS RESPONDENTS APPELLANTS

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Supreme Court, Appellate Division, Fourth Department, New York.

INTERNATIONAL GROUP, INC. AND INTERNATIONAL GROUP, LLC, PLAINTIFFS–APPELLANTS–RESPONDENTS, v. UNITED STATES AVIATION UNDERWRITERS INCORPORATED, ACE AMERICAN INSURANCE COMPANY, GENERAL REINSURANCE CORPORATION, LIBERTY MUTUAL INSURANCE COMPANY AND NATIONAL LIABILITY & FIRE INSURANCE COMPANY, INDIVIDUALLY AND AS PARTICIPATING MEMBERS OF THE UNITED STATES AIRCRAFT INSURANCE GROUP, DEFENDANTS–RESPONDENTS - APPELLANTS.

CA 11–01089

Decided: September 30, 2011

PRESENT:  SCUDDER, P.J., PERADOTTO, CARNI, GORSKI, AND MARTOCHE, JJ. HANDELMAN, WITKOWICZ & LEVITSKY, ROCHESTER (STEVEN M. WITKOWICZ OF COUNSEL), FOR PLAINTIFFS–APPELLANTS–RESPONDENTS. GOLDBERG SEGALLA LLP, BUFFALO (THOMAS F. SEGALLA OF COUNSEL), FOR DEFENDANTS–RESPONDENTS–APPELLANTS.

ORDER

Appeal and cross appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered April 19, 2011.   The order, among other things, denied plaintiffs' motion for summary judgment and denied defendants' motion to dismiss plaintiffs' complaint.

Now, upon reading and filing the stipulation of withdrawal of appeal signed by the attorneys for the parties on August 4 and 5, 2011,

It is hereby ORDERED that said appeal and cross appeal are unanimously dismissed without costs upon stipulation.

Patricia L. Morgan

Clerk of the Court