Capstone Enters. of Port Chester, Inc. v. Bd. of Educ. Irvington Union Free Sch. Dist.

Full title: Capstone Enterprises of Port Chester, Inc., plaintiff fourth-party…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Sep 23, 2011

2011 N.Y. Slip Op. 84739 (N.Y. App. Div. 2011)

Opinion

Motion No: 2010-08186 2010-11021 2011-06018 Index No. 05-11913 M126135

09-23-2011

Capstone Enterprises of Port Chester, Inc., plaintiff fourth-party defendant-appellant, v. Board of Education Irvington Union Free School District, defendant; Peter Gisolfi Associates, fourth-party plaintiff-respondent (and other titles). (Appeal No. 1) Capstone Enterprises of Port Chester, Inc., plaintiff-appellant, v. Board of Education Irvington Union Free School District, defendant third-party plaintiff; Peter Gisolfi Associates, et al., third-party defendants, J MOA Engineering, P.C., third-party defendant-respondent (and other titles). (Appeal No. 2) Capstone Enterprises of Port Chester, Inc., plaintiff-appellant, v. Board of Education Irvington Union Free School District, defendant third-party plaintiff-respondent; Peter Gisolfi Associates, third-party defendanfifth-party plaintiff-appellant, JMOA Engineering, P.C., et al., third-party defendants-respondents; Goldman Copeland Associates, P.C., fifth-party defendant-respondent (and another title). (Appeal No. 3)

DANIEL D. ANGIOLILLO

, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

DECISION & ORDER ON MOTION

Motion by Board of Education Irvington Union Free School District for leave to file a supplemental appendix on appeals from two orders of the Supreme Court, Westchester County, dated May 6, 2010, and October 27, 2010, respectively, containing an order of the same court dated April 21, 2011, and for the Court to take judicial notice of that order. Separate motion by Peter Gisolfi Associates to consolidate the appeals from the orders dated May 6, 2010, and October 27, 2010, with an appeal from the order dated April 21, 2011.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion by Board of Education Irvington Union Free School District is dismissed on the ground that the Board of Education Irvington Union Free School District is not a party to the appeals from the orders dated May 6, 2010, and October 27, 2010; and it is further,

ORDERED that the motion by Peter Gisolfi Associates is denied; and it is further,

ORDERED that on the Court's own motion, the appeals from the orders dated May 6, 2010, and October 27, 2010, respectively, will be calendared together with the appeal from the order dated April 21, 2011, and will be argued or submitted on the same day.

ANGIOLILLO, J.P., DICKERSON, HALL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court