| DAVID STEPHAN V LIBERTY MUTUAL FIRE INSURANCE COMPANY AND NANCY HESS-KOLLER |
| Motion No: CA 10-02504 |
| Slip Opinion No: 2011 NY Slip Op 69218(U) |
| Decided on April 6, 2011 |
| 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, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
DOCKET NO. CA 10-02504
| DAVID STEPHAN, PLAINTIFF-APPELLANT, V LIBERTY MUTUAL FIRE
INSURANCE COMPANY AND NANCY HESS-KOLLER, DEFENDANTS-RESPONDENTS. |
Respondents having moved for an order striking Point Two of appellant's reply brief, and for other relief, in 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 15, 2010,
Now, upon reading and filing the affirmation of Andrea Schillaci, Esq. dated February 17, 2011, the notice of motion with proof of service thereof, the affirmation of Steven M. Cohen, Esq. dated March 10, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent of striking all but the first paragraph of Point Two of appellant's reply brief (see McPheeters v McPheeters, 284 AD2d 968; Mehmet v Add2net, Inc., 66 AD3d 437, 438; Lamphear v State of New York, 91 AD2d 791).
Entered: April 6, 2011
Patricia L. Morgan, Clerk