| DONNELL JEFFERSON V JOSHUA STUBBE, ESQ. |
| Motion No: CA 11-02452 |
| Slip Opinion No: 2013 NY Slip Op 62422(U) |
| Decided on January 23, 2013 |
| 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., FAHEY, CARNI, AND MARTOCHE, JJ.
DOCKET NO. CA 11-02452
| DONNELL JEFFERSON, PLAINTIFF-APPELLANT, V JOSHUA
STUBBE, ESQ., DEFENDANT-RESPONDENT. |
Appellant having moved to strike respondent's brief and the appendix to the brief in the appeal taken from an order of Supreme Court entered in the Office of the Clerk of the County of Monroe on June 30, 2011, and for other relief,
Now, upon reading and filing the affidavit of Donnell Jefferson sworn to November 26, 2012, the notice of motion with proof of service thereof, and the affirmation of Kristine M. Cahill, Esq., dated December 4, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to strike the appendix to respondent's brief is granted to the extent of striking only the documents contained in the appendix that are not covered by the stipulation to the record, and the motion is otherwise denied.
Entered: January 23, 2013
Frances E. Cafarell, Clerk