| SUE/PERIOR CONCRETE & PAVING, INC. V LEWISTON GOLF COURSE CORPORATION, SENECA NIAGARA FALLS GAMING CORPORATION, SENECA |
| Motion No: 478-13 |
| Slip Opinion No: 2013 NY Slip Op 87841(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: PERADOTTO, J.P., LINDLEY, VALENTINO, AND WHALEN, JJ.
MOTION NO. 478-13
DOCKET NO. CA 12-01827
| SUE/PERIOR CONCRETE & PAVING, INC., PLAINTIFF-RESPONDENT,
V LEWISTON GOLF COURSE CORPORATION, SENECA NIAGARA FALLS GAMING CORPORATION, SENECA GAMING CORPORATION, JEFFREY
L. GILL, MARK I. HALFTOWN, GLORIA HERON, MAURICE A. JOHN, SR., MICHAEL L. JOHN, KAREN KARSTEN, INA K. LOCKE, ROBERT E.
MELE, RICHARD K. NEPHEW, MARIBEL PRINTUP, COCHISE N. REDEYE, GARY SANDEN, KEVIN W. SENECA, BARRY E. SNYDER, SR., AND STEVE
TOME, DEFENDANTS-APPELLANTS, NIAGARA COUNTY INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANT-RESPONDENT, ET AL.,
DEFENDANTS. |
Appellant Lewiston Golf Course Corporation having moved for leave to appeal to the Court of Appeals from the order of this Court entered June 14, 2013,
Now, upon reading and filing the affidavit of Michael B . Powers, Esq., sworn to July 22, 2013, the notice of motion with proof of service thereof, and the affirmation of Elizabeth A. Kraengel, Esq., dated August 2, 2013, and due deliberation having been had thereon,
It is further ORDERED that the motion is granted, this Court being of the opinion that a question of law has arisen that ought to be reviewed by the Court of Appeals, and the following question is hereby certified: Was the order of this Court entered June 14, 2013, properly made?
Entered: September 27, 2013
Frances E. Cafarell, Clerk