| JOLLY CAPLASH V ROCHESTER ORAL & MAXILLOFACIAL SURGERY ASSOCIATES, LLC AND MOHAMMED SALAHUDDIN |
| Motion No: NOS. CA 08-01701, CA 08-01702 AND CA 08-01703 |
| Slip Opinion No: 2009 NYSlipOp 65619(U) |
| Decided on March 3, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NOS. CA 08-01701, CA 08-01702 AND CA 08-01703
| JOLLY CAPLASH, PLAINTIFF-RESPONDENT, V ROCHESTER ORAL &
MAXILLOFACIAL SURGERY ASSOCIATES, LLC, DEFENDANTS, AND MOHAMMED SALAHUDDIN,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeals taken by Rochester Oral & Maxillofacial Surgery Associates, LLC from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 3, 2008, June 28, 2008 and July 26, 2008, and appellant Mohammed Salahuddin having cross-moved for permission to file the trial exhibits,
Now, upon reading and filing the affidavits of Leo G. Finucane sworn to February 6, 2009 and February 17, 2009, the notices of motion with proof of service thereof, the opposing affidavits of Richard E. Regan sworn to February 11, 2009, the notice of cross motion with proof of service thereof, the opposing affidavit of Peter L. Kristal sworn to February 25, 2009, the reply affidavit of Leo G. Finacane sworn to February 26, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, and
It is further ORDERED that the cross motion be, and the same hereby is, granted on the condition that the exhibits are filed and served on or before March 18, 2009.
Entered: March 3, 2009
JoAnn M. Wahl, Clerk