| DANIEL GARDNER V TOWN OF TONAWANDA, TOWN OF TONAWANDA RECREATION DEPARTMENT, AND DOME FOOTBALL LEAGUE |
| Motion No: CA 07-01719 |
| Slip Opinion No: 2008 NYSlipOp 60729(U) |
| Decided on January 9, 2008 |
| 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: SCUDDER, P.J., MARTOCHE, PERADOTTO, PINE, AND GORSKI, JJ.
DOCKET NO. CA 07-01719
| DANIEL GARDNER, PLAINTIFF-RESPONDENT, V TOWN OF
TONAWANDA, TOWN OF TONAWANDA RECREATION DEPARTMENT, AND DOME FOOTBALL LEAGUE,
DEFENDANTS-APPELLANTS. |
Appellant having moved to strike appellants' reply brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on
January 24, 2007,
Now, upon reading and filing the affidavit of Philip A. Milch sworn to
December 18, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Ryan J. Mills dated December 21, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: January 9, 2008
JoAnn M. Wahl, Clerk