NORTH SYRACUSE CENTRAL SCHOOL DISTRICT V ASHLEY MCGRAW ARCHITECTS, P.C. . NEP GLASS CO., LTD., V MARC DONAHUE
Motion No: CA 13-00353
Slip Opinion No: 2013 NY Slip Op 78335(U)
Decided on June 20, 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 20, 2013

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

DOCKET NO. CA 13-00353

NORTH SYRACUSE CENTRAL SCHOOL DISTRICT,

PLAINTIFF-APPELLANT,

V

ASHLEY MCGRAW ARCHITECTS, P.C., ET AL., DEFENDANTS.

NEP GLASS CO., LTD., THIRD-PARTY PLAINTIFF,

V

MARC DONAHUE, INDIVIDUALLY, AND MJD ASSOCIATES OF C.N.Y.

INC., THIRD-PARTY DEFENDANTS-RESPONDENTS.


Appellant having moved to supplement the record on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 10, 2012,

Now, upon reading and filing the affidavit of Harris Lindenfield, Esq., sworn to May 30, 2013, the notice of motion with proof of service thereof, and the affidavit of P. David Twichell, Esq., sworn to June 4, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied without prejudice to a motion for the same relief in Supreme Court (see 22 NYCRR 1000.4 [a] [1] [ii]; Matter of Stewart v Soda, 239 AD2d 966).

Entered: June 20, 2013

Frances E. Cafarell, Clerk