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MATTER OF B. SEMINARA CONSTRUCTION CORP.

291 A.D.2d 403 (2002)

736 N.Y.S.2d 890

In the Matter of B. SEMINARA CONSTRUCTION CORP., Respondent. W. J. CASEY TRUCKING & RIGGING CO., INC., Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 4, 2002.

Ordered that the order is modified, on the law, by adding a provision thereto directing Seminara Construction Corp. to file an amended undertaking, naming the New York State Department of Transportation as obligee; as so modified, the order is affirmed, without costs or disbursements; and it is further,

Ordered that the time to comply with this provision is extended until 45 days after service by the appellant upon Seminara Construction Corp. of a copy of this decision...

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