| MASSA CONSTRUCTION, INC. V GEORGE M. BUNK, P.E., P.C., AND GEORGE M. BUNK, INDIVIDUALLY |
| Motion No: CA 09-01377 |
| Slip Opinion No: 2009 NY Slip Op 83282(U) |
| Decided on September 14, 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: HURLBUTT, J.P., PERADOTTO, CARNI, PINE, AND GORSKI, JJ.
DOCKET NO. CA 09-01377
| MASSA CONSTRUCTION, INC., PLAINTIFF-APPELLANT, V GEORGE M.
BUNK, P.E., P.C., AND GEORGE M. BUNK, INDIVIDUALLY, DEFENDANTS-RESPONDENTS. |
Appellant having moved to strike parts of respondents' brief, for an extension of time to file and serve a reply brief, and for other relief on the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Ontario on December 23, 2008,
Now, upon reading and filing the affidavit of Harris Lindenfeld sworn to August 17, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Thomas P. Hughes sworn to September 3, 2009, the reply affidavit of Jana K. McDonald sworn to September 4, 2009, 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 Exhibit A and all references thereto are hereby deemed stricken from respondents' brief, and reply briefs, if any, shall be filed and served on or before September 29, 2009, and the motion is otherwise denied.
Entered: September 14, 2009
Patricia L. Morgan, Clerk