| PETER ALEKSANDROWICZ, V CANTELLA & COMPANY, INC., . |
| Motion No: CA 09-02528 |
| Slip Opinion No: 2010 NY Slip Op 62052(U) |
| Decided on January 25, 2010 |
| 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: PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 09-02528
| PETER ALEKSANDROWICZ, PLAINTIFF-RESPONDENT-APPELLANT, V
CANTELLA & COMPANY, INC., DEFENDANT-APPELLANT-RESPONDENT, ET AL., DEFENDANTS. |
Appellant Cantella & Company, Inc. having moved for an order permitting it to supplement the record on appeal on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 12, 2009,
Now, upon reading and filing the affirmation of Matthew Tracy dated December 8, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Gerard A. Strauss dated December 21, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Memorandum: Appellant's remedy is to move in Supreme Court to settle the record on appeal (see 22 NYCRR 1000.4 [a] [1] [ii]).
Entered: January 25, 2010
Patricia L. Morgan, Clerk