Opinion
DOCKET NO. CA 13-00353
06-20-2013
NORTH SYRACUSE CENTRAL SCHOOL DISTRICT, PLAINTIFF-APPELLANT, v. ASHLEY MCGRAW ARCHITECTS, P.C., ET AL., DEFENDANTS. NEP GLASS CO., LTD., THIRD-PARTY PLAINTIFF, v. MARC DONAHUE, INDIVIDUALLY, AND MJD ASSOCIATES OF C.N.Y. INC., THIRD-PARTY DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to supplement the record on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 10, 2012,
Now, upon reading and filing the affidavit of Harris Lindenfield, Esq., sworn to May 30, 2013, the notice of motion with proof of service thereof, and the affidavit of P. David Twichell, Esq., sworn to June 4, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to a motion for the same relief in Supreme Court (see 22 NYCRR 1000.4 [a] [1] [ii]; Matter of Stewart v Soda, 239 AD2d 966).
Frances E. Cafarell, Clerk