| SOUTH BUFFALO ELECTRIC, INC. V ACCADIA SITE CONTRACTING, INC., AND DEVELOPERS SURETY AND INDEMNITY COMPANY |
| Motion No: CA 10-02178 |
| Slip Opinion No: 2010 NY Slip Op 90833(U) |
| Decided on December 14, 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: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-02178
| SOUTH BUFFALO ELECTRIC, INC., PLAINTIFF-APPELLANT, V ACCADIA
SITE CONTRACTING, INC., AND DEVELOPERS SURETY AND INDEMNITY COMPANY, DEFENDANTS-RESPONDENTS. |
Appellant having moved for this Court to take judicial notice of two separate orders of Supreme Court entered March 31, 2010, and October 7, 2010, on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 24, 2010, and for permission to include certified copies of said orders in an appendix to appellant's brief,
Now, upon reading and filing the affidavit of Howard E. Berger, Esq. sworn to October 29, 2010, the notice of motion with proof of service thereof, and the affidavit of Joseph J. Manna, Esq. sworn to November 4, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: December 14, 2010
Patricia L. Morgan, Clerk