| SVETLANA BALUK AND MARK OSILOVSKIY V NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY |
| Motion No: CA 13-00639 |
| Slip Opinion No: 2013 NY Slip Op 89218(U) |
| Decided on October 22, 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., PERADOTTO, LINDLEY, SCONIERS, AND VALENTINO, JJ.
DOCKET NO. CA 13-00639
| SVETLANA BALUK AND MARK OSILOVSKIY,
PLAINTIFFS-APPELLANTS, V NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY,
DEFENDANT-RESPONDENT. |
Respondent having moved on the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Oneida on December 24, 2012, to strike all references in appellant's reply brief relating to appellant's request to submit this motion to the appraisal process,
Now, upon reading and filing the affidavit of David J. Simoni, Esq., sworn to August 26, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and all references to the appraisal method are struck from appellant's reply brief.
Entered: October 22, 2013
Frances E. Cafarell, Clerk