NORTH CENTRAL MECHANICAL, INC., ON ITS OWN BEHALF AND UPON OTHERS SIMILARLY SITUATED V HUNT CONSTRUCTION GROUP, INC., -

NORTH CENTRAL MECHANICAL, INC., ON ITS OWN BEHALF AND UPON OTHERS SIMILARLY SITUATED V HUNT CONSTRUCTION GROUP, INC., -

Motion No: MOTION NOS. 1045-1046/07

Slip Opinion No: 2007 NYSlipOp 83597(U)

Decided on November 9, 2007

Appellate Division, Fourth Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

November 9, 2007

PRESENT: MARTOCHE, J.P., SMITH, PERADOTTO, GREEN, AND PINE, JJ.

MOTION NOS. 1045-1046/07
DOCKET NOS. CA 06-03197 AND CA 07-00697

NORTH CENTRAL MECHANICAL, INC., ON ITS OWN BEHALF AND UPON
OTHERS SIMILARLY SITUATED, PLAINTIFF-RESPONDENT,
V
HUNT CONSTRUCTION GROUP, INC., DEFENDANT-APPELLANT,
ET AL., DEFENDANT.
(APPEAL NO. 1.)

NORTH CENTRAL MECHANICAL, INC., ON ITS OWN BEHALF AND UPON OTHERS SIMILARLY SITUATED, PLAINTIFF-RESPONDENT-APPELLANT,
V
HUNT CONSTRUCTION GROUP, INC., DEFENDANT-APPELLANT-RESPONDENT, ET AL., DEFENDANT.
(APPEAL NO. 2.)

Defendant-appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the orders of this Court entered September 28, 2007,

Now, upon reading and filing the affirmation of John G. Powers dated October 9, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Richard T. Bell, Jr. dated October 17, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: November 9, 2007

JoAnn M. Wahl, Clerk