Town of W. Seneca v Louis Design Solutions Architecture, LLC
2020 NY Slip Op 05328 [187 AD3d 1515]
October 2, 2020
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 2, 2020


[*1]
 Town of West Seneca, Appellant,
v
Louis Design Solutions Architecture, LLC, Formerly Known as Louis Design Group, Respondent. (Appeal No. 3.)

Ernstrom & Dreste, LLP, Rochester (Matthew D. Holmes of counsel), for plaintiff-appellant.

Burgio, Curvin & Banker, Buffalo (Hilary C. Banker of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered April 22, 2019. The order, insofar as appealed from, denied plaintiff's motion to settle the record on appeal and ordered that memoranda of law and a transcript of oral argument will not be included in the record on appeal.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and the motion to settle the record is granted (see Town of W. Seneca v Kideney Architects, P.C. [appeal No. 1], 187 AD3d 1509 [4th Dept 2020]). Present—Carni, J.P., Lindley, NeMoyer, Troutman and DeJoseph, JJ.