Opinion
MOTION NO. 783-17 DOCKET NO. CA 16-02279
09-29-2017
DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT, AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, INTERVENOR-PLAINTIFF-RESPONDENT, v. ERIE CANAL HARBOR DEVELOPMENT CORPORATION, DEFENDANT-RESPONDENT.
PRESENT:
Appellant having moved for leave to appeal to the Court of Appeals the order of this Court entered June 9, 2017,
Now, upon reading and filing the affidavit of Anna Marie Richmond, Esq., sworn to July 10, 2017, the notice of motion with proof of service thereof, and the affidavit of William J. Brennan, Esq., sworn to July 20, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: September 29, 2017
Mark W. Bennett, Clerk