| DAVID FLOWERS V HARBORCENTER DEVELOPMENT, LLC, AND M.A. MORTENSON COMPANY |
| Motion No: CA 18-00261 |
| Slip Opinion No: 2018 NY Slip Op 83513(U) |
| Decided on September 6, 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, LINDLEY, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.
DOCKET NO. CA 18-00261
| 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 a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 24, 2017,
Now, upon reading and filing the affirmation of Ethan W. Collins, Esq., dated July 6, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied 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 [4th Dept 1997]).
Entered: September 6, 2018
Mark W. Bennett, Clerk