| STEVEN SEARLEY, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF MICHAEL SEARLEY, AN INFANT, DECEASED, AND SUEANNE |
| Motion No: CA 09-01133 |
| Slip Opinion No: 2009 NY Slip Op 81546(U) |
| Decided on August 20, 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, GREEN, AND PINE, JJ.
DOCKET NO. CA 09-01133
| STEVEN SEARLEY, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF
MICHAEL SEARLEY, AN INFANT, DECEASED, AND SUEANNE SEARLEY, PLAINTIFFS-APPELLANTS-RESPONDENTS, V WEGMANS FOOD MARKETS, INC.,
DEFENDANT-RESPONDENT-APPELLANT. |
Respondent-appellant having moved to vacate the dismissal of the cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 6, 2008, and appellants-respondents having cross-moved to strike parts of the brief of respondent-appellant,
Now, upon reading and filing the affidavit of Tony R. Sears sworn to July 8, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Robert L Brenna, Jr. sworn to July 16, 2009, the notice of cross motion with proof of service thereof, the reply affidavit of Tony R. Sears sworn to July 17, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the brief of respondent-appellant is accepted as an appellant's brief on the cross appeal, and
It is further ORDERED that the cross motion be, and the same hereby is, denied.
Entered: August 20, 2009
Patricia L. Morgan, Clerk