| DePascale v E&A Construction Corp. |
| Motion No: 2009-02253 |
| Slip Opinion No: 2010 NY Slip Op 70816(U) |
| Decided on May 7, 2010 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M102431
E/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
JOHN M. LEVENTHAL
SHERI S. ROMAN, JJ.
|
2009-02253 Joseph DePascale, et al., plaintiffs-respondents- appellants, v E & A Construction Corp., t/n E & A Construction, Inc., defendant third-party plaintiff-respondent-appellant, JMOA Engineering, P.C., et al., defendants-respondents, Peter Gisolfi Associates, defendant-respondent-appellant; MCS Floor Covering Services, Inc., third-party defendant/fourth party plaintiff-appellant-respondent, et al., third-party defendants; Pride Carpet, Inc., fourth-party defendant-appellant-respondent. (Index No. 1457/06)
| DECISION & ORDER ON MOTION |
Motion by MCS Floor Covering Services, Inc., on appeals and cross appeals from an order of the Supreme Court, Nassau County, dated February 5, 2009, for leave to amend the joint record.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the Clerk of the court or his designee shall insert page 2 of an affirmation of Wendy E. Blythe, dated December 19, 2008, in the copies of the joint record on appeal filed with the Clerk of the court, as page 1379a.
DILLON, J.P., FLORIO, LEVENTHAL and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court