| TREMAIN CASON V KIRBY SY SMITH, III AND WERNER ENTERPRISES, INC. |
| Motion No: CA 13-00766 |
| Slip Opinion No: 2013 NY Slip Op 78323(U) |
| Decided on June 20, 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: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-00766
| TREMAIN CASON, PLAINTIFF-RESPONDENT, V KIRBY SY
SMITH, III AND WERNER ENTERPRISES, INC., DEFENDANTS-APPELLANTS. |
Respondent having moved to dismiss portions of 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 March 22, 2013, on the ground that those portions are not appealable,
Now, upon reading and filing the affidavits of Jeanne M. Vinal, Esq., sworn to April 24, 2013, and May 23, 2013, the notice of motion with proof of service thereof, and the affirmation of Lawrence A. Schulz, Esq., dated May 21, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, with leave to make the arguments made in this motion in the respondent's brief.
Entered: June 20, 2013
Frances E. Cafarell, Clerk