Whitakerv.Kennedy/Town of Pol.

Appellate Division of the Supreme Court of the State of New YorkMar 17, 2014
2014 N.Y. Slip Op. 66873 (N.Y. App. Div. 2014)

DOCKET NO. CA 14-00028

03-17-2014

KAREN A. WHITAKER, AS PROPOSED GUARDIAN OF JOSEPH L. MARTIN, JR., PLAINTIFF-RESPONDENT, v. KENNEDY/TOWN OF POLAND AND TOWN OF POLAND HIGHWAY DEPARTMENT, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.


PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND CARNI, JJ.

Appellants having moved to strike exhibits appended to respondent's brief and all reference to those exhibits in respondent's brief and having moved for an order directing respondent to file a revised brief and for other relief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on September 12, 2013,

Now, upon reading and filing the affirmation of Jenna W. Klucsik, Esq., dated February 17, 2014, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq., sworn to February 19, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied without prejudice to appellants' arguments in their reply brief for why said exhibits, and any arguments based thereon, should not be considered.

Frances E. Cafarell, Clerk