VIVIAN STERN, DOING BUSINESS AS THE JEWELER V THE CHARTER OAK FIRE INSURANCE COMPANY, TRAVELERS PROPERTY CASUALTY
Motion No: CA 08-01630
Slip Opinion No: 2009 NYSlipOp 63459(U)
Decided on February 6, 2009
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.


February 6, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, CENTRA, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 08-01630

VIVIAN STERN, DOING BUSINESS AS THE JEWELER,

PLAINTIFF-APPELLANT,

V

THE CHARTER OAK FIRE INSURANCE COMPANY, TRAVELERS PROPERTY

CASUALTY INSURANCE COMPANY, TRAVELERS INSURANCE COMPANY,

TRAVELERS PROPERTY CASUALTY CORPORATION, CITIGROUP

INSURANCE COMPANIES, TRAVELERS GROUP,

DEFENDANTS-RESPONDENTS.


Respondent The Charter Oak Fire Insurance Company having moved to strike the post-argument submission of appellant, on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on May 6, 2008,

Now, upon reading and filing the affidavit of R. Anthony Rupp III sworn to January 23, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Carl E. Worboys dated February 3, 2009, the reply affidavit of R. Anthony Rupp III sworn to February 4, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and the post-argument submission is hereby deemed stricken.

Entered: February 6, 2009

JoAnn M. Wahl, Clerk