| KEITH LONG, V CELLINO & BARNES, P.C., THE BARNES FIRM, P.C., STEPHEN E. BARNES, ESQ., RICHARD J. BARNES, ESQ., ROSS M. |
| Motion No: CA 07-01737 |
| Slip Opinion No: 2008 NYSlipOp 81361(U) |
| Decided on August 21, 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 NO. CA 07-01737
| KEITH LONG, PLAINTIFF-APPELLANT-RESPONDENT, V CELLINO &
BARNES, P.C., THE BARNES FIRM, P.C., STEPHEN E. BARNES, ESQ., RICHARD J. BARNES, ESQ., ROSS M. CELLINO, JR., ESQ.,
DEFENDANTS-RESPONDENTS-APPELLANTS, ET AL., DEFENDANTS. |
Respondents-appellants having moved to strike the responding brief of appellant-respondent in whole or in part, and for an extension of time to file and serve a reply brief, on the appeal and cross appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 30, 2007,
Now, upon reading and filing the affidavit of Gabrielle Mardany Hope sworn to July 28, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Alan D. Voos dated August 6, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the appendix and references thereto are hereby deemed stricken from plaintiff's responding brief, respondents-appellants shall file and serve their reply brief on or before September 5, 2008, and the Clerk is directed to accept the brief for filing.
Entered: August 21, 2008
JoAnn M. Wahl, Clerk