| DAVID FLOWERS V HARBORCENTER DEVELOPMENT, LLC, AND M.A. MORTENSON COMPANY |
| Motion No: CA 17-00520 |
| Slip Opinion No: 2017 NY Slip Op 80401(U) |
| Decided on July 19, 2017 |
| 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: SMITH, J.P., PERADOTTO, LINDLEY, DEJOSEPH, AND WINSLOW, JJ.
DOCKET NO. CA 17-00520
| DAVID FLOWERS, PLAINTIFF-RESPONDENT, V HARBORCENTER
DEVELOPMENT, LLC, AND M.A. MORTENSON COMPANY, DEFENDANTS-APPELLANTS. |
Respondent having moved to supplement the record on the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on January 12, 2017,
Now, upon reading and filing the affidavit of Ehtan W. Collins, Esq., sworn to July 5, 2017, the notice of motion with proof of service thereof, and the affirmation of Steven R. Dyki, Esq., dated July 12, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that in accordance with the Court's rules, respondent files and serves the supplemental record on appeal consisting of the transcript of Supreme Court's decision dated January 5, 2017, on or before July 26, 2017.
Entered: July 19, 2017
Frances E. Cafarell, Clerk