IN THE MATTER OF CONCRETE APPLIED TECHNOLOGIES CORPORATION, DOING BUSINESS AS CATCO V COUNTY OF ERIE, MARIA R. WHYTE
Motion No: 877.1-15
Slip Opinion No: 2015 NY Slip Op 86821(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: CENTRA, J.P., LINDLEY, WHALEN, AND DEJOSEPH, JJ.

MOTION NO. 877.1-15
DOCKET NO. CA 15-00856

IN THE MATTER OF CONCRETE APPLIED TECHNOLOGIES

CORPORATION, DOING BUSINESS AS CATCO,

PETITIONER-RESPONDENT,

V

COUNTY OF ERIE, MARIA R. WHYTE, COMMISSIONER, ERIE COUNTY

DEPARTMENT OF ENVIRONMENTAL PLANNING, AND KANDEY

COMPANY, INC., RESPONDENTS-APPELLANTS.


Petitioner having moved for leave to appeal to the Court of Appeals from the order of this Court entered July 10, 2015,

Now, upon reading and filing the affidavit of Patricia Gillen, Esq., sworn to August 5, 2015, the notice of motion with proof of service thereof, the affidavit of Jennifer C. Perisco, Esq., sworn to August 13, 2015, the affidavit of Joseph J. Manna, Esq., sworn to August 13, 2015, and the affidavit of Joseph Kandefer sworn to August 13, 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