MOTION NO. 557 ALTSHULER SHAHAM PROVIDENT FUNDS, LTD. V GML TOWER LLC , THE PIKE COMPANY, INC., THE HAYNER HOYT
Motion No: CA 10-01745
Slip Opinion No: 2011 NY Slip Op 78215(U)
Decided on July 1, 2011
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.


July 1, 2011

PRESENT: SCUDDER, P.J., CENTRA, SCONIERS, AND GREEN, JJ.

DOCKET NO. CA 10-01745

MOTION NO. 557

ALTSHULER SHAHAM PROVIDENT FUNDS, LTD.,

PLAINTIFF-APPELLANT,

V

GML TOWER LLC, ET AL., DEFENDANTS,

THE PIKE COMPANY, INC., THE HAYNER HOYT CORPORATION AND

SYRACUSE MERIT ELECTRIC, A DIVISION OF O'CONNELL ELECTRIC

CO., INC., DEFENDANTS-RESPONDENTS.


Appellant having moved for leave to appeal to the Court of Appeals from the order of this Court entered April 29, 2011,

Now, upon reading and filing the affidavit of Bruce H. Lederman, Esq. sworn to May 31, 2011, the notice of motion with proof of service thereof, the affidavit of Mark J. Moretti, Esq. sworn to June 8, 2011, the affidavit of Jordan R. Pavlus, Esq. sworn to June 8, 2011, and the affidavit of Timothy M. Bittel, Esq. sworn to June 7, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: July 1, 2011

Patricia L. Morgan, Clerk