| MATTER OF ADVOCATES FOR PRATTSBURGH, INC., AND JOHN SERVO AS A MEMBER OF ADVOCATES FOR PRATTSBURGH, INC., AND |
| Motion No: NOS. CA 07-00386 AND CA 07-00847 |
| Slip Opinion No: 2007 NYSlipOp 81165(U) |
| Decided on October 16, 2007 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: GORSKI, J.P., MARTOCHE, LUNN, FAHEY, AND PINE, JJ.
DOCKET NOS. CA 07-00386 AND CA 07-00847
| MATTER OF ADVOCATES FOR PRATTSBURGH, INC., AND JOHN SERVO AS A MEMBER OF ADVOCATES FOR PRATTSBURGH, INC., AND INDIVIDUALLY, PETITIONERS-APPELLANTS, V STEUBEN COUNTY INDUSTRIAL DEVELOPMENT AGENCY, RESPONDENT-RESPONDENT, AND ECOGEN, LLC, INTERVENOR-RESPONDENT. |
Respondent-respondent having moved to strike the exhibit attached to petitioners' reply brief and all references thereto on the appeals taken from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 27, 2006 and January 8, 2007, on the ground that the exhibit is outside of the record on appeal,
Now, upon reading and filing the affidavit of Joseph D. Picciotti sworn to
September 24, 2007, the notice of motion with proof of service thereof, the affidavit of
David C. Brennan sworn to September 28, 2007, the opposing affirmation of Glenn E. Pezzulo dated October 4, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: October 16, 2007
JoAnn M. Wahl, Clerk