*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 966.1

CA 11-01089

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, GORSKI, AND MARTOCHE, JJ. INTERNATIONAL GROUP, INC. AND INTERNATIONAL

GROUP, LLC, PLAINTIFFS-APPELLANTS-RESPONDENTS,

V ORDER 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.

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. 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.

Entered: September 30, 2011 Patricia L. Morgan

Clerk of the Court