| CHRISTOPHER F. JARVIS V LAFARGE NORTH AMERICA, INC., AND GARY W. SCHILDHAUER |
| Motion No: NOS. CA 06-03505, CA 07-01204, CA 07-01205 AND CA 07-01206 |
| Slip Opinion No: 2008 NYSlipOp 68315(U) |
| Decided on April 2, 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., SMITH, CENTRA, PERADOTTO, AND PINE, JJ.
DOCKET NOS. CA 06-03505, CA 07-01204, CA 07-01205 AND CA 07-01206
| CHRISTOPHER F. JARVIS, PLAINTIFF-APPELLANT, V LAFARGE NORTH
AMERICA, INC., AND GARY W. SCHILDHAUER, DEFENDANTS-RESPONDENTS. |
Respondent having moved to strike certain material from the reply brief on the appeals taken from orders and judgments of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 31, 2006, March 28, 2007, and May 21, 2007,
Now, upon reading and filing the affidavit of Harry R. Mooney sworn to
February 19, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Mark R. Uba dated February 28, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: April 2, 2008
JoAnn M. Wahl, Clerk