| IN THE MATTER OF MERCURY FACTORING, LLC V PARTNERS TRUST BANK AND LENNON'S LITHO, INC. |
| Motion No: CA 09-02628 |
| Slip Opinion No: 2010 NY Slip Op 69810(U) |
| Decided on April 19, 2010 |
| 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: SMITH, LINDLEY, SCONIERS, PINE, AND GORSKI, JJ.
DOCKET NO. CA 09-02628
| IN THE MATTER OF MERCURY FACTORING, LLC,
PETITIONER-APPELLANT, V PARTNERS TRUST BANK, RESPONDENT, AND LENNON'S LITHO, INC.,
RESPONDENT-RESPONDENT. |
Appellant having moved to strike parts of respondent Lennon's Litho, Inc.'s brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on October 9, 2009, and respondent Lennon's Litho, Inc. having cross-moved to strike parts of appellant's brief,
Now, upon reading and filing the affidavit of Michael J. Kawa, Esq. sworn to March 8, 2010, the notice of motion with proof of service thereof, the affirmation of Michael A. Castle, Esq. sworn to March 17, 2010, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion are denied.
Entered: April 19, 2010
Patricia L. Morgan, Clerk