Opinion
MOTION NO. 1152-16 DOCKET NO. CA 16-00458
03-24-2017
NICHOLAS KILMER, PLAINTIFF-APPELLANT, v. DAVID MASTROPIETRO, INDIVIDUALLY AND/OR DOING BUSINESS AS FINGER LAKES TRANSPORT, AND DAVID BAKER, DEFENDANTS-RESPONDENTS.
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, NEMOYER, AND SCUDDER, JJ.
Appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered December 23, 2016,
Now, upon reading and filing the affirmation of Eugene W. Lane, Esq., dated January 27, 2017, the notice of motion with proof of service thereof, the affidavit of Karen J. Krogman Daum, Esq., sworn to February 16, 2017, and the affirmation of Matthew C. Lenahan, Esq., dated February 17, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: March 24, 2017
Frances E. Cafarell, Clerk