JEFFERY BURNS V LECESSE CONSTRUCTION SERVICES LLC, DUKES PROPERTY DEVELOPMENT, LLC, THE MILLS HIGH FALLS HOUSING
Motion No: 244-15
Slip Opinion No: 2015 NY Slip Op 86816(U)
Decided on October 2, 2015
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.


October 2, 2015

PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND WHALEN, JJ.

MOTION NO. 244-15
DOCKET NO. CA 14-01125

JEFFERY BURNS, PLAINTIFF-RESPONDENT,

V

LECESSE CONSTRUCTION SERVICES LLC, DUKES PROPERTY

DEVELOPMENT, LLC, THE MILLS HIGH FALLS HOUSING DEVELOPMENT

FUND COMPANY, INC., U.S. CEILING CORP., URBAN LEAGUE OF

ROCHESTER, NY, INC., DEFENDANTS-APPELLANTS,

AND PRO CARPET, INC., DEFENDANT.



PRO CARPET, INC., THIRD-PARTY PLAINTIFF-APPELLANT,

V

JEFFERY W. BURNS DOING BUSINESS AS BURNS FLOORING,

THIRD-PARTY DEFENDANT-RESPONDENT.

(APPEAL NO. 1.)


Respondent having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered July 2, 2015,

Now, upon reading and filing the affidavit of Melanie S. Wolk, Esq., sworn to August 14, 2015, the notice of motion with proof of service thereof, the affirmation of Philip M. Gulisano, Esq., dated August 28, 2015, and the affirmation of Kelly J. Philips, Esq., dated August 25, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: October 2, 2015

Frances E. Cafarell, Clerk