IN THE MATTER OF FRANK A. SEDITA, III, AND ERIE COUNTY DISTRICT ATTORNEY'S OFFICE V MARK A. SACHA
Motion No: CA 12-00594
Slip Opinion No: 2012 NY Slip Op 76080(U)
Decided on June 11, 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.


June 11, 2012

PRESENT: SCUDDER, P.J., SMITH, FAHEY, AND LINDLEY, JJ.

DOCKET NO. CA 12-00594

IN THE MATTER OF FRANK A. SEDITA, III, AND ERIE COUNTY

DISTRICT ATTORNEY'S OFFICE, PETITIONERS-APPELLANTS,

V

MARK A. SACHA, RESPONDENT-RESPONDENT.


Respondent having moved to strike Appendix A and all arguments based on the facts set forth in Appendix A from appellant's brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 6, 2011, and for other relief,

Now, upon reading and filing the affirmation of Lucinda Lapoff, Esq., dated May 24, 2012, the notice of motion with proof of service thereof, and the affirmation of Joshua Feinstein, Esq., dated June 4, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks to strike from appellants' brief Appendix A and all arguments based on the facts set forth in Appendix A, and

It is further ORDERED the motion is otherwise denied.

Entered: June 11, 2012

Frances E. Cafarell, Clerk