| LEE FANG V HOME DEPOT USA, INC. AND SUPERIOR HEATING CO., LLC |
| Motion No: CA 11-01736 |
| Slip Opinion No: 2012 NY Slip Op 74155(U) |
| Decided on May 21, 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., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.
DOCKET NO. CA 11-01736
| LEE FANG, PLAINTIFF-APPELLANT, V HOME DEPOT USA, INC. AND
SUPERIOR HEATING CO., LLC, DEFENDANTS-RESPONDENTS. |
Respondent Home Depot USA, Inc., having moved to strike a document from the record on the appeal taken herein from an order of the Erie County Court entered in the Office of the Clerk of the County of Erie on June 17, 2011,
Now, upon reading and filing the affidavits of Kristin L. Norfleet, Esq., sworn to April 23, 2012, and May 3, 2012, the notice of motion with proof of service thereof, the affidavit of Ralph C. Lorigo, Esq., sworn to May 10, 2012, and the affidavit of Lee Fang sworn to May 11, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that pages 28 and 32 are stricken from the record.
Entered: May 21, 2012
Frances E. Cafarell, Clerk