FASOLO, MICHAEL v. SCARAFILE, JOSEPH A.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 13-02057 PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND WHALEN, JJ.

MICHAEL FASOLO AND PREMIER BUILDING GROUP, INC., PLAINTIFFS-APPELLANTS, V MEMORANDUM AND ORDER JOSEPH A. SCARAFILE, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

GUSTAVE J. DETRAGLIA, JR., UTICA, FOR PLAINTIFFS-APPELLANTS.

HISCOCK & BARCLAY, LLP, ALBANY (DAVID B. CABANISS OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered July 11, 2013. The order denied plaintiffs= motion for leave to renew and reargue.

It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is affirmed without costs.

Same Memorandum as in Fasolo v Scarafile ([appeal No. 1] ___ AD3d ___ [Aug. 8, 2014]).

Entered: August 8, 2014 Frances E. Cafarell Clerk of the Court