| 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 81328(U) |
| Decided on August 20, 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, PERADOTTO, AND PINE, 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. |
Appellant having moved to strike a letter from respondents' counsel dated June 19, 2008 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, on the ground that it is an improper surreply brief,
Now, upon reading and filing the affidavit of George Egan Ginther sworn to July 10, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the letter is deemed stricken.
Entered: August 20, 2008
JoAnn M. Wahl, Clerk