| PUTRELO CONSTRUCTION COMPANY V TOWN OF MARCY |
| Motion No: CA 15-01244 |
| Slip Opinion No: 2015 NY Slip Op 89589(U) |
| Decided on November 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND LINDLEY, JJ.
DOCKET NO. CA 15-01244
| PUTRELO CONSTRUCTION COMPANY, PLAINTIFF-APPELLANT, V TOWN
OF MARCY, DEFENDANT-RESPONDENT. TOWN OF MARCY, THIRD-PARTY-PLAINTIFF, V BONACCI ARCHITECTS, PLLC, SUCCESSOR IN
INTEREST TO FULIGINI-FRANGOLA ARCHITECTS, PLLC, THIRD-PARTY DEFENDANT-RESPONDENT. |
Third-party defendant-respondent having moved to expand the record on appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Oneida on September 29, 2014,
Now, upon reading and filing the affirmation of Jenna W. Klucsik, Esq., dated October 16, 2015, the notice of motion with proof of service thereof, the affidavit of Anthony G. Hallak, Esq., sworn to October 22, 2015, and the affirmation of Diana Plue, Esq., dated October 30, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Third-party defendant-respondent's remedy is to make a motion to Supreme Court to settle the record to include the memorandum of law (see 22 NYCRR 1000.4 [a] [1] [ii]).
Entered: November 2, 2015
Frances E. Cafarell, Clerk