| DIPIZIO CONSTRUCTION COMPANY, INC. AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, INTERVENOR V ERIE CANAL HARBOR |
| Motion No: 783-17 |
| Slip Opinion No: 2017 NY Slip Op 88126(U) |
| Decided on September 29, 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: WHALEN, P.J., PERADOTTO, CARNI, AND LINDLEY, JJ.
MOTION NO. 783-17
DOCKET NO. CA 16-02279
| DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT, AND
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, INTERVENOR-PLAINTIFF-RESPONDENT, V ERIE CANAL HARBOR DEVELOPMENT
CORPORATION, DEFENDANT-RESPONDENT. |
Appellant having moved for leave to appeal to the Court of Appeals the order of this Court entered June 9, 2017,
Now, upon reading and filing the affidavit of Anna Marie Richmond, Esq., sworn to July 10, 2017, the notice of motion with proof of service thereof, and the affidavit of William J. Brennan, Esq., sworn to July 20, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: September 29, 2017
Mark W. Bennett, Clerk