PRESENT: CARNI, J.P., LINDLEY, DEJOSEPH, TROUTMAN, AND SCUDDER, JJ.

DOCKET NO. CA 16-00572

JANE HASTEDT, AS TESTATRIX OF THE ESTATE OF MARK HASTEDT, DECEASED, AND JANE HASTEDT, INDIVIDUALLY, PLAINTIFF-RESPONDENT-RESPONDENT, V BOVIS LEND LEASE HOLDING, INC., GEORGE A. NOLE & SON, INC., AND CAMDEN CENTRAL SCHOOL DISTRICT, DEFENDANTS-RESPONDENTS-APPELLANTS. BOVIS LEND LEASE HOLDING, INC., AND CAMDEN CENTRAL SCHOOL DISTRICT, THIRD-PARTY PLAINTIFFS-RESPONDENTS-APPELLANTS, V K.C. MASONRY, INC., THIRD-PARTY DEFENDANT-APPELLANT-RESPONDENT. ——————————————————————& mdash;——— GEORGE A. NOLE & SON, INC., THIRD-PARTY PLAINTIFF- RESPONDENT-APPELLANT, V K.C. MASONRY, INC., THIRD-PARTY DEFENDANT-APPELLANT-RESPONDENT.

George A. Nole & Son, Inc. and K.C. Masonry, Inc. having moved to supplement the record on appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on August 10, 2015, and George A. Nole & Son, Inc. having moved for other relief,

Now, upon reading and filing the affirmation of Jeffrey P. DiPalma, Esq., dated November 30, 2016, the affirmation of Jenna W. Klucsik, Esq., dated December 2, 2016, the notice of motion with proof of service thereof, and the affirmation of Patrick M. Caruana, Esq., dated December 8, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are denied insofar as they seek to supplement the record on appeal to include the memorandums of law, without prejudice to a motion to resettle the record in Supreme Court (see 22 NYCRR 1000.4 [a [1] [ii]; Stewart v Soda, 239 AD2d 966), and all other relief sought is denied.

Entered: January 11, 2017

Frances E. Cafarell, Clerk