| CLAUDIA S. JOHNSON V LARRY JOHNSON |
| Motion No: NOS. CA 08-02618 AND CA 08-02619 |
| Slip Opinion No: 2009 NY Slip Op 86626(U) |
| Decided on October 21, 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., MARTOCHE, SMITH, CARNI, AND PINE, JJ.
DOCKET NOS. CA 08-02618 AND CA 08-02619
| CLAUDIA S. JOHNSON, PLAINTIFF-RESPONDENT, V LARRY JOHNSON,
DEFENDANT-APPELLANT. (APPEAL NO. 1.) CLAUDIA S. JOHNSON, PLAINTIFF-RESPONDENT-APPELLANT, V LARRY JOHNSON,
DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 2.) |
Plaintiff having moved to strike defendant's briefs on the appeals and cross appeal taken from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 26, 2008 and April 28, 2008, or in the alternative for other relief,
Now, upon reading and filing the affidavit of Charles A. Messina sworn to August 31, 2009, the notice of motion with proof of service thereof, the affidavit of Mary Anne Connell sworn to September 18, 2009, the opposing affidavit of Roger T. Davison sworn to September 23, 2009, and due deliberation having been had thereon,
It is hereby ORDERED, that the motion be, and the same hereby is, denied.
Entered: October 21, 2009
Patricia L. Morgan, Clerk