Fusca v A & S Construction, LLC
Motion No: 2009-11429
Slip Opinion No: 2011 NY Slip Op 84000(U)
Decided on September 16, 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

M125859

E/sl

DANIEL D. ANGIOLILLO, J.P.

ARIEL E. BELEN

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2009-11429, 2010-04805

Frank Fusca, appellant, v A & S

Construction, LLC, respondent

(and a third-party action).

(Index No. 765/08)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to appeal to the Court of Appeals from a decision and order of this Court dated May 24, 2011, which determined appeals from two orders of the Supreme Court, Putnam County, dated November 9, 2009, and November 10, 2009, respectively.

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

ORDERED that the motion is denied.

ANGIOLILLO, J.P., BELEN, CHAMBERS and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court