| SHAMEL SANDERS V SCOTT PATRICK AND KURT ROESNER, - . |
| Motion No: CA 11-02212 |
| Slip Opinion No: 2012 NY Slip Op 62939(U) |
| Decided on January 26, 2012 |
| 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: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-02212
| SHAMEL SANDERS, PLAINTIFF-RESPONDENT, V SCOTT PATRICK AND
KURT ROESNER, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. |
Appellants having moved to strike the appendices to respondent's brief and certain other portions of respondent's brief on the appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 9, 2011,
Now, upon reading and filing the affidavits of Steven P. Curvin, Esq., sworn to December 29, 2011, and January 16, 2012, the notice of motion with proof of service thereof, and the affidavit of John Ned Lipsitz, Esq., sworn to January 13, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and appendices one through nine of respondent's brief are stricken and the following portions of respondent's brief are also stricken to the extent they rely on the stricken appendices: page one, paragraphs two and three; page two; and page three, paragraph one.
Entered: January 26, 2012
Frances E. Cafarell, Clerk