| EASTMAN KODAK COMPANY V ROBERT CARMOSINO |
| Motion No: CA 10-01062 |
| Slip Opinion No: 2010 NY Slip Op 82406(U) |
| Decided on September 9, 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: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.
DOCKET NO. CA 10-01062
| EASTMAN KODAK COMPANY, PLAINTIFF-APPELLANT, V ROBERT
CARMOSINO, DEFENDANT-RESPONDENT. |
Respondent having moved to enlarge/supplement the record on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 3, 2010,
Appellant having cross-moved to strike in its entirety the affidavit of Spencer Lynch sworn to August 10, 2010, attached as Exhibit A to respondent's brief dated August 11, 2010, and all references thereto in said brief,
Now, upon reading and filing the affirmations of Mark J. Foley, Esq. dated August 18, 2010 and August 27, 2010, the affirmation of Heidi S. Martinez, Esq. dated August 25, 2010, the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion to enlarge/supplement the record is denied (see CPLR 5526; 22 NYCRR 1000.4 [a] [1] [ii]; Stewart v Soda [239 AD2d 966, 966]; Gustafson v Dippert [68 AD3d 1678, 1680]).
It is further ORDERED that the cross motion to strike is granted (see Saraceno v Piscopoi [16 AD2d 735]; Mulligan v Lackey [33 AD2d 991, 992]; Mount Lucas Assocs., Inc. v MG Refining and Mktg, Inc. [250 AD2d 245, 254]; Chimarios v Duhl [152 AD2d 508, 508-509]).
Entered: September 9, 2010
Patricia L. Morgan, Clerk