| KRISTEN RICKERT V COUNTY OF ONONDAGA AND BELLOWS CONSTRUCTION SPECIALTIES |
| Motion No: CA 10-01539 |
| Slip Opinion No: 2010 NY Slip Op 86363(U) |
| Decided on October 26, 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: MARTOCHE, J. P., FAHEY, CARNI, LINDLEY, AND SCONIERS, JJ.
DOCKET NO. CA 10-01539
| KRISTEN RICKERT, ET AL., PLAINTIFFS, V COUNTY OF ONONDAGA,
DEFENDANT-APPELLANT, AND BELLOWS CONSTRUCTION SPECIALTIES, DEFENDANT-RESPONDENT. |
Appellant having moved for an extension of time to file and serve a reply brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on September 30, 2009, and to strike that portion of respondent's brief that contains an Appendix, consisting of a Memorandum of Law, as well as all references to the Appendix contained in respondent's brief,
Now, upon reading and filing the affidavit of Mary J. Fahey, Esq. sworn to September 1, 2010, the notice of motion with proof of service thereof, the affidavit of Jennifer L. Nuhfer, Esq. sworn to September 3, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to file and serve a reply brief is granted on the condition that the reply brief is filed and served on or before November 5, 2010, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that the motion insofar as it seeks to strike the Appendix to respondent's brief containing a Memorandum of Law, as well all references to it in respondent's brief, is granted.
Entered: October 26, 2010
Patricia L. Morgan, Clerk