| ROGER NYE AND SHIRLEY NYE V ZONING BOARD OF APPEALS OF THE TOWN OF GRAND ISLAND |
| Motion No: CA 10-01726 |
| Slip Opinion No: 2010 NY Slip Op 90830(U) |
| Decided on December 14, 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., SMITH, PERADOTTO, LINDLEY, AND GREEN
DOCKET NO. CA 10-01726
| ROGER NYE AND SHIRLEY NYE, PETITIONERS-RESPONDENTS, V ZONING
BOARD OF APPEALS OF THE TOWN OF GRAND ISLAND, RESPONDENT-APPELLANT. |
Appellant having moved for an order striking both the appendix and other portions of petitioners' respondents' brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 16, 2010,
Now, upon reading and filing the affirmations of Charles W. Malcomb, Esq. dated October 8, 2010, and October 21, 2010, the notice of motion with proof of service thereof, and the affirmation of Lisa T. Sofferin, Esq. dated October 20, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to strike the appendix to petitioners' respondents' brief is granted, and
It is further ORDERED that the motion insofar as it seeks to strike pages 2, 6, and 7 of petitioners' respondents' brief is granted, to the extent that those pages improperly rely on the transcript contained in the appendix to petitioners' respondents' brief, and
It is further ORDERED that the motion is otherwise denied with leave to renew at oral argument.
Entered: December 14, 2010
Patricia L. Morgan, Clerk