| DIPIZIO CONSTRUCTION COMPANY, INC. V NIAGARA FRONTIER TRANSPORTATION AUTHORITY |
| Motion No: 587-13 |
| Slip Opinion No: 2013 NY Slip Op 87812(U) |
| Decided on September 27, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, AND LINDLEY, JJ.
MOTION NO. 587-13
DOCKET NO. CA 12-02172
| DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT,
V NIAGARA FRONTIER TRANSPORTATION AUTHORITY, DEFENDANT-RESPONDENT. (APPEAL NO.
1.) |
Appellant having moved for reargument of and leave to appeal to the Court of Appeals from the order of this Court entered June 14, 2013,
Now, upon reading and filing the affidavits of David H. Elibol, Esq., sworn to July 8, 2013, and July 15, 2013, the notices of motion with proof of service thereof, and the affidavit of Benjamin M. Zuffranieri, Jr., Esq., sworn to July 18, 2013, and the affirmation of Benjamin M. Zuffranieri, Jr., Esq., dated July 24, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: September 27, 2013
Frances E. Cafarell, Clerk