Plato General Construction Corp./EMCO Tech Constructio
Motion No: 2010-06019
Slip Opinion No: 2012 NY Slip Op 63058(U)
Decided on February 2, 2012
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

M132733

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

JEFFREY A. COHEN, JJ.

2010-06019, 2010-11760, 2011-00863

Plato General Construction Corp./EMCO

Tech Construction Corp., JV, LLC, respondent-

appellant, v Dormitory Authority of State of

New York, appellant-respondent; et al.,

additional counterclaim defendants.

(Index No. 9446/05)

DECISION & ORDER ON MOTION

Motion by respondent-appellant for leave to reargue appeals from a judgment of the Supreme Court, Kings County, entered June 10, 2010, and an order of the same court dated October 15, 2010, and an appeal and cross appeal from an amended judgment of the same court entered October 25, 2010, which were determined by decision and order of this Court dated November 9, 2011, 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 motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

DILLON, J.P., BALKIN, ENG and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court