COUNTY OF ERIE V M/A-COM, INC. , AND KEVIN J. COMERFORD (APPEAL NO. 2.)
Motion No: 1190-12
Slip Opinion No: 2013 NY Slip Op 78297(U)
Decided on June 7, 2013
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.


June 7, 2013

PRESENT: SCUDDER, P.J., CARNI, SCONIERS, VALENTINO, AND WHALEN, JJ.

MOTION NO. 1190-12
DOCKET NO. CA 12-00076

COUNTY OF ERIE, PLAINTIFF-RESPONDENT,

V

M/A-COM, INC., ET AL., DEFENDANTS,

AND KEVIN J. COMERFORD, DEFENDANT-APPELLANT.

(APPEAL NO. 2.)


Appellant having moved for leave to appeal to the Court of Appeals from the order of this Court entered March 15, 2013, and having moved to join this appeal with another appeal (docket No. CA 12-00075),

Now, upon reading and filing the affidavit of Ann M. Campbell, Esq., sworn to May 6, 2013, the notice of motion with proof of service thereof, and the affidavit of Katherine M. Liebner, Esq., sworn to May 16, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks leave to appeal to the Court of Appeals is denied, and

It is further ORDERED that the motion insofar as it seeks to join this appeal with another appeal (docket No. CA 12-00075) is denied.

Entered: June 7, 2013

Frances E. Cafarell, Clerk