| GEORGE EAGAN GINTHER V HERBERT H. HEIM, ESQ., LEONARD C. KOLDIN, ESQ., MARK N. SCHULMAN, ESQ., AND KOLDIN LAW CENTER |
| Motion No: NOS CA 07-01614 AND CA 07-01707 |
| Slip Opinion No: 2008 NYSlipOp 68287(U) |
| Decided on April 1, 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., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NOS CA 07-01614 AND CA 07-01707
| GEORGE EAGAN GINTHER, PLAINTIFF-APPELLANT, V HERBERT H.
HEIM, ESQ., LEONARD C. KOLDIN, ESQ., MARK N. SCHULMAN, ESQ., AND KOLDIN LAW CENTER, P.C.,
DEFENDANTS-RESPONDENTS. |
Respondents having moved to strike appellant's brief on the appeal taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 19, 2007 and August 13, 2007, and for other relief,
Now, upon reading and filing the affidavit of V. Christopher Potenza sworn to
February 22, 2008, the notice of motion with proof of service thereof, the opposing affidavit of George Eagan Ginther sworn to March 7, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent the appendices submitted by appellant are stricken and all references to the appendices in appellant's brief are deemed stricken, and
It is further ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before May 2, 2008, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before May 19, 2008, and the motion is otherwise denied.
Entered: April 1, 2008
JoAnn M. Wahl, Clerk