| SUE/PERIOR CONCRETE & PAVING, INC. V KEVIN W. SENECA -, SENECA GAMING CORPORATION . |
| Motion No: CA 12-00491 |
| Slip Opinion No: 2012 NY Slip Op 69418(U) |
| Decided on April 4, 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., CENTRA, FAHEY, PERADOTTO, AND LINDLEY, JJ.
DOCKET NO. CA 12-00491
| SUE/PERIOR CONCRETE & PAVING, INC., PLAINTIFF-RESPONDENT, V
KEVIN W. SENECA, ET AL., DEFENDANTS-APPELLANTS, SENECA GAMING CORPORATION, ET AL., DEFENDANTS. |
Appellants having moved to expedite the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 21, 2011,
Now, upon reading and filing the affirmation of David T. Archer, Esq., dated March 23, 2012, the notice of motion with proof of service thereof, and the affidavit of Elizabeth A. Kraengel, Esq., sworn to March 30, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: April 4, 2012
Frances E. Cafarell, Clerk