Plato General Construction Corp./EMCO Tech Constructio
Motion No: 2010-06019
Slip Opinion No: 2010 NY Slip Op 83475(U)
Decided on September 27, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M108919

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

RUTH C. BALKIN

RANDALL T. ENG, JJ.

2010-06019

Plato General Construction Corp./EMCO

Tech Construction Corp., JV, LLC, plaintiff/

counterclaim defendant-respondent-appellant,

v Dormitory Authority of State of New York,

defendant/counterclaim plaintiff-appellant-

respondent; St. Paul Fire & Marine Insurance

Co., et al., counterclaim defendants.

(Index No. 9446/05)

DECISION & ORDER ON MOTION

Motion by S & S Construction Group, Inc., for leave to intervene on an appeal and cross appeal from a judgment of the Supreme Court, Kings County, entered June 10, 2010.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied with leave to renew after Plato General Construction Corp./EMCO Tech Construction Corp., JV, LLC, files its brief.

MASTRO, J.P., DILLON, BALKIN and ENG, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court