VOSS, DEBORAH v. THE NETHERLANDS INSURANCE COMPANY

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 285 CA 11-02144 PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, LINDLEY, AND WHALEN, JJ. DEBORAH VOSS, PROP-CO, LLC, CLASSI PEOPLE, INC., DOING BUSINESS AS SERTINO’S CAFÉ, AND DREAM PEOPLE, INC., DOING BUSINESS AS SHIVER MODEL, PLAINTIFFS-APPELLANTS, V ORDER THE NETHERLANDS INSURANCE COMPANY, D.R. CASEY CONSTRUCTION CORP., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 2.) DIRK J. OUDEMOOL, SYRACUSE, FOR PLAINTIFFS-APPELLANTS. SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (KAREN J. KROGMAN OF COUNSEL), FOR DEFENDANT-RESPONDENT D.R. CASEY CONSTRUCTION CORP. MURA & STORM, PLLC, BUFFALO (SCOTT D. STORM OF COUNSEL), FOR DEFENDANT-RESPONDENT THE NETHERLANDS INSURANCE COMPANY. Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered September 27, 2011. The order denied plaintiffs’ motion for leave to reargue. It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Empire Ins. Co. v Food City, 167 AD2d 983, 984). Entered: March 15, 2013 Frances E. Cafarell Clerk of the Court