DIPIZIO CONSTRUCTION COMPANY, INC., V ERIE CANAL HARBOR DEVELOPMENT CORPORATION, . DIPIZIO CONSTRUCTION COMPANY
Motion No: CA 13-02032
Slip Opinion No: 2014 NY Slip Op 77066(U)
Decided on June 26, 2014
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 26, 2014

PRESENT: SCUDDER, P.J., CENTRA, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 13-02032
DOCKET NO. CA 13-02033
DOCKET NO. CA 13-02034

DIPIZIO CONSTRUCTION COMPANY, INC.,

PLAINTIFF-PETITIONER-RESPONDENT,

V

ERIE CANAL HARBOR DEVELOPMENT CORPORATION,

DEFENDANT-RESPONDENT-APPELLANT.

(APPEAL NO. 1.)

DIPIZIO CONSTRUCTION COMPANY, INC.,

PLAINTIFF-PETITIONER-RESPONDENT,

V

ERIE CANAL HARBOR DEVELOPMENT CORPORATION,

DEFENDANT-RESPONDENT-APPELLANT.

(APPEAL NO. 2.)

DIPIZIO CONSTRUCTION COMPANY, INC.,

PLAINTIFF-PETITIONER-RESPONDENT,

V

ERIE CANAL HARBOR DEVELOPMENT CORPORATION,

DEFENDANT-RESPONDENT-APPELLANT.

(APPEAL NO. 3.)


Erie Canal Harbor Development Corporation having moved to enlarge the record on the appeals taken herein from orders of Supreme Court entered in the Office of the Clerk of the County of Erie on November 1, 2013, and November 4, 2013, and having moved for other relief, and

DiPizio Construction Company, Inc. having cross-moved to enlarge the record on said appeals,

Now, upon reading and filing the affidavit of Kenneth A. Manning, Esq., received May 19, 2014, the notices of motion and cross motion with proof of service thereof, and the affirmation of Michael E. Ferdman, Esq., dated May 23, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion and cross motion are denied.

Entered: June 26, 2014

Frances E. Cafarell, Clerk