| CELESTE SWIETLIK V TOWN OF HAMBURG |
| Motion No: CA 13-00807 |
| Slip Opinion No: 2013 NY Slip Op 80000(U) |
| Decided on July 17, 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: SMITH, J.P., CENTRA, FAHEY, CARNI, AND VALENTINO, JJ.
DOCKET NO. CA 13-00807
| CELESTE SWIETLIK, PLAINTIFF-RESPONDENT, V TOWN OF
HAMBURG, DEFENDANT-APPELLANT. |
Respondent having moved to strike portions of appellant's brief and having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 19, 2013,
Now, upon reading and filing the affidavits of Joseph D. Morath, Jr., Esq., sworn to June 7, 2013, and June 20, 2013, the notice of motion with proof of service thereof, and the affidavit of Emily F. Janicz, Esq., sworn to June 14, 2013, and due deliberation having been had thereon,
It is hereby ORDERED the motion insofar as it seeks to strike portions of appellant's brief is denied without prejudice to raising the issues addressed in the motion in respondent's brief, and
It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a brief is granted on the condition that the brief is filed and served on or before August 16, 2013, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before September 3, 2013.
Entered: July 17, 2013
Frances E. Cafarell, Clerk