| ' CARROWAY LUXURY HOMES, LLC V INTEGRA SUPPLY CORPORATION |
| Motion No: CA 08-00528 |
| Slip Opinion No: 2008 NYSlipOp 72700(U) |
| Decided on May 14, 2008 |
| 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-00528
| ' CARROWAY LUXURY HOMES, LLC, PLAINTIFF-RESPONDENT, V
INTEGRA SUPPLY CORPORATION, DEFENDANT-APPELLANT. |
Appellant having moved for permission to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on November 8, 2007 by supplementing the record on a prior appeal to this Court that has already been decided (Docket No. CA 07-01451),
Now, upon reading and filing the affirmation of Frank A. Sarat dated April 1, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Sherry R. Bruce sworn to April 10, 2008, the reply affirmation of Frank A. Sarat dated April 11, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, dismissed.
Entered: May 14, 2008
JoAnn M. Wahl, Clerk