JASON THOME V BENCHMARK MAIN TRANSIT ASSOCIATES . CHRISTA CONSTRUCTION, LLC, - V INDUSTRIAL POWER & LIGHTING CORP.,
Motion No: CA 14-01220
Slip Opinion No: 2014 NY Slip Op 83819(U)
Decided on September 11, 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.


September 11, 2014

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

DOCKET NO. CA 14-01220

JASON THOME, PLAINTIFF,

V

BENCHMARK MAIN TRANSIT ASSOCIATES, ET AL., DEFENDANTS.

CHRISTA CONSTRUCTION, LLC,

THIRD-PARTY PLAINTIFF-RESPONDENT,

V

INDUSTRIAL POWER & LIGHTING CORP.,

THIRD-PARTY DEFENDANT-RESPONDENT,

AND FISHER CONCRETE, INC.,

THIRD-PARTY DEFENDANT-APPELLANT.


Appellant having moved to expedite the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on April 10, 2014,

Now, upon reading and filing the affirmation of Arthur A. Herdzik, Esq., dated July 23, 2014, the notice of motion with proof of service thereof, and the affidavit of Adam C. Ferrandino, Esq., sworn to August 12, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: September 11, 2014

Frances E. Cafarell, Clerk