| ASSOCIATED GENERAL CONTRACTORS OF NYS, LLC, BARRETT PAVING MATERIALS, INC., BOTHAR CONSTRUCTION, LLC, CCI COMPANIES |
| Motion No: CA 17-01818 |
| Slip Opinion No: 2018 NY Slip Op 60852(U) |
| Decided on January 10, 2018 |
| 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: CENTRA, J.P., CARNI, NEMOYER, CURRAN, AND WINSLOW, JJ.
DOCKET NO. CA 17-01818
| ASSOCIATED GENERAL CONTRACTORS OF NYS, LLC, BARRETT PAVING
MATERIALS, INC., BOTHAR CONSTRUCTION, LLC, CCI COMPANIES, INC., COLD SPRING CONSTRUCTION CO., HANSON AGGREGATES, NEW YORK, LLC, SLATE
HILL CONSTRUCTORS, INC., TIOGA CONSTRUCTION CO., INC., AND VECTOR CONSTRUCTION CORP., PLAINTIFFS-PETITIONERS-APPELLANTS, V NEW
YORK STATE THRUWAY AUTHORITY, JOANNE M. MAHONEY, IN HER OFFICIAL CAPACITY AS CHAIR OF NEW YORK STATE THRUWAY AUTHORITY BOARD OF
DIRECTORS, AND BILL FINCH, IN HIS OFFICIAL CAPACITY AS ACTING EXECUTIVE DIRECTOR OF NEW YORK STATE THRUWAY AUTHORITY,
DEFENDANTS-RESPONDENTS-RESPONDENTS. |
Appellants having moved, upon the return of an order to show cause granting a limited temporary restraining order by the Honorable John V. Centra on December 6, 2017, for a preliminary injunction pursuant to CPLR 5518, enjoining respondents from accepting proposals or entering into contracts for New York State Thruway public works project identified as Syracuse Division Bundled Bridges Design-Build Project TAS 17-37B, Contract No. D800001, pending the hearing and determination of this appeal from the judgment (denominated "decision and order") of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on May 15, 2017,
Now, upon reading and filing the affirmation and statements of Jennifer K. Harvey dated November 17, 2017 and December 21, 2017, said show cause order with proof of service thereof, the statements of Allyson B. Levine, Esq., dated November 28, 2017, and December 19, 2017, the affidavit of Brian J. Hanlon, Esq., sworn to December 1, 2017, the affidavit of James Chicoine sworn to December 4, 2017, the statement of James Chicoine received December 12, 2017, the affidavit of Timothy Conway sworn to December 19, 2017, and the affirmation of Joel M. Howard, III, Esq., dated December 21, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the temporary restraining order in the show cause order bringing the motion on before the full Court is hereby vacated and the motion seeking a preliminary injunction is denied.
Entered: January 10, 2018
Mark W. Bennett, Clerk