| Matter of Surton Construction Contracting Corp. v New York |
| Motion No: 2009-08594 |
| Slip Opinion No: 2011 NY Slip Op 83412(U) |
| Decided on September 13, 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. |
Appellate Division: Second Judicial Department
M125667
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
|
2009-08594 In the Matter of Surton Construction Contracting Corp., appellant, v New York City School Construction Authority, et al., respondents. (Index No. 23791/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to vacate a decision and order of this Court dated February 1, 2011, determining an appeal from an order of the Supreme Court, Queens County, entered June 26, 2009, to strike certain material from the appendix and from the supplemental appendix filed by the New York City School Construction Authority, and to deem the appeal submitted without considering the stricken material. Separate motion by the appellant for leave to reargue the appeal, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied, with one bill of $100 costs.
DILLON, J.P., BALKIN, BELEN and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court