CHRISTOPHER M. CHARNEY AND TRINA M. CHARNEY V LECHASE CONSTRUCTION, FREDERICO WRECKING CO., INC., AND FRIENDS OF FINGER
Motion No: 1073-11
Slip Opinion No: 2012 NY Slip Op 71974(U)
Decided on April 20, 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.


April 20, 2012

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

MOTION NO. 1073-11
DOCKET NO. CA 11-00957

CHRISTOPHER M. CHARNEY AND TRINA M. CHARNEY,

PLAINTIFFS-APPELLANTS,

V

LECHASE CONSTRUCTION, FREDERICO WRECKING CO., INC., AND

FRIENDS OF FINGER LAKES PERFORMING ARTS CENTER, INC.,

DEFENDANTS-RESPONDENTS.



FREDERICO WRECKING CO., INC., THIRD-PARTY

PLAINTIFF-APPELLANT,

V

CONTOUR ERECTION AND SIDING SYSTEMS, INC., THIRD-PARTY

DEFENDANT-RESPONDENT.

——————————————————————& mdash;————

LECHASE CONSTRUCTION SERVICES, LLC AND FRIENDS OF FINGER

LAKES PERFORMING ARTS CENTER, INC., THIRD-PARTY

PLAINTIFFS-APPELLANTS,

V

CONTOUR ERECTION AND SIDING SYSTEMS, INC., THIRD-PARTY

DEFENDANT-RESPONDENT.


Third-party defendant-respondent and defendants-respondents/third-party plaintiffs-appellants having moved and plaintiff-appellant having cross-moved for leave to appeal to the Court of Appeals from the order of this Court entered December 23, 2011,

Now, upon reading and filing the affidavit of Jonathan H. Bard, Esq., sworn January 30, 2012, the affidavit of Ann M. Campbell, Esq., sworn to February 1, 2012, the affirmation of Alan D. Voos, Esq., dated February 6, 2012, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are denied.

Entered: April 20, 2012

Frances E. Cafarell, Clerk