| ISKALO ELECTRIC TOWER, LLC AND DOWNTOWN CBD INVESTORS, LLC V STANTEC CONSULTING SERVICES, INC. |
| Motion No: CA 18-01585 |
| Slip Opinion No: 2018 NY Slip Op 90872(U) |
| Decided on October 16, 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 18-01585
| ISKALO ELECTRIC TOWER, LLC AND DOWNTOWN CBD INVESTORS, LLC,
PLAINTIFFS-RESPONDENTS, V STANTEC CONSULTING SERVICES, INC., DEFENDANT-APPELLANT. |
Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 10, 2018, on the ground that no appeal lies from an order denying a motion for leave to reargue,
Now, upon reading and filing the affirmation of John C. Garas, Esq., dated August 30, 2018, the notice of motion with proof of service thereof, and the affirmation of F. Paul Greene, Esq., dated September 21, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed (see CPLR 5701 [a] [2] [viii]; MidFirst Bank v Storto, 121 AD3d 1575 [4th Dept 2014]).
Entered: October 16, 2018
Mark W. Bennett, Clerk