| KENNETH M. SCHLAU, JR. V CITY OF BUFFALO , FREY ELECTRIC CONSTRUCTION CO., INC (APPEAL NO. 2.) |
| Motion No: CA 11-02430 |
| Slip Opinion No: 2012 NY Slip Op 62299(U) |
| Decided on January 24, 2012 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-02430
| KENNETH M. SCHLAU, JR., PLAINTIFF-APPELLANT, V CITY OF BUFFALO,
ET AL., DEFENDANTS, FREY ELECTRIC CONSTRUCTION CO., INC, DEFENDANT-RESPONDENT. (APPEAL NO.
2.) |
Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 7, 2011, on the ground that no appeal lies from a motion to reargue,
Now, upon reading and filing the affidavits of Kimberly A. Georger, Esq., sworn to November 29, 2011, and December 2, 2011, the notice of motion with proof of service thereof, and the affirmation of Debra A. Norton, Esq., dated December 16, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, with leave to renew at oral argument.
Entered: January 24, 2012
Frances E. Cafarell, Clerk