Plato General Construction Corp./EMCO Tech Constructio
Motion No: 2010-06019
Slip Opinion No: 2011 NY Slip Op 71188(U)
Decided on April 27, 2011
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

M119157

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2010-06019, 2010-11760, 2011-00863

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, and appeals from an order of the same court dated October 15, 2010, and an amended judgment of the same court entered October 25, 2010.

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 denied.

DILLON, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court