KENNETH M. SCHLAU, JR. V CITY OF BUFFALO , FREY ELECTRIC CONSTRUCTION CO., INC. KENNETH M. SCHLAU, JR. V CITY OF
Motion No: CA 11-01153
Slip Opinion No: 2012 NY Slip Op 62300(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.


January 24, 2012

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-01153
DOCKET NO. CA 11-02430
DOCKET NO. CA 11-02462

KENNETH M. SCHLAU, JR., PLAINTIFF-APPELLANT,

V

CITY OF BUFFALO, ET AL., DEFENDANTS,

FREY ELECTRIC CONSTRUCTION CO., INC.,

DEFENDANT-RESPONDENT.

(APPEAL NO. 1.)

KENNETH M. SCHLAU, JR., PLAINTIFF-APPELLANT,

V

CITY OF BUFFALO, ET AL., DEFENDANTS,

FREY ELECTRIC CONSTRUCTION CO., INC,

DEFENDANT-RESPONDENT.

(APPEAL NO. 2.)

KENNETH M. SCHLAU, JR., PLAINTIFF-APPELLANT,

V

CITY OF BUFFALO, ET AL., DEFENDANTS,

FREY ELECTRIC CONSTRUCTION CO., INC,

DEFENDANT-RESPONDENT.

(APPEAL NO. 3.)


Respondent having moved to enlarge the record on the appeals taken herein from an order and judgment and orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 17, 2011, October 7, 2011, and December 7, 2011,

Now, upon reading and filing the affidavit of Kimberly A. Georger, Esq., sworn to December 27, 2011, the notice of motion with proof of service thereof, and the affirmation of Debra A. Norton, Esq., dated January 4, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as unnecessary.

Memorandum: If the parties wish to include the supplemental interrogatory responses in the record they can stipulate to it and submit a supplemental record (see 22 NYCRR 1000.4 [a] [1]). The stipulation must be included as part of the supplemental record.

Entered: January 24, 2012

Frances E. Cafarell, Clerk