| ELLEN J. GALLAGHER, V EDWARD R. GALLAGHER, . |
| Motion No: NOS. CA 11-01257, CA 11-01744, AND CA 11-02179 |
| Slip Opinion No: 2012 NY Slip Op 65787(U) |
| Decided on February 29, 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: CENTRA, J. P., CARNI, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
DOCKET NOS. CA 11-01257, CA 11-01744, AND CA 11-02179
| ELLEN J. GALLAGHER, PLAINTIFF-RESPONDENT-APPELLANT, V EDWARD
R. GALLAGHER, DEFENDANT-APPELLANT-RESPONDENT. |
Defendant having moved to strike Point VIII from plaintiff's surreply brief (denominated reply brief) on the appeals from the judgment and orders of the Supreme Court entered in the Office of the Clerk of the County of Oneida on April 28, 2011, May 26, 2011, and August 8, 2011,
Now, upon reading and filing the affidavit of John A. Cirando, Esq., sworn to February 15, 2012, the notice of motion with proof of service thereof, and the affidavit of Janet M. Richmond, Esq., sworn to February 23, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted.
Entered: February 29, 2012
Frances E. Cafarell, Clerk