| GAETANO FARRUGGIA AND GABRIELLA FARRUGGIA, V TOWN OF PENFIELD, , KENNETH HERSHEY AND SUZANNE HERSHEY |
| Motion No: CA 13-01562 |
| Slip Opinion No: 2014 NY Slip Op 62582(U) |
| Decided on January 23, 2014 |
| 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., CENTRA, PERADOTTO, LINDLEY, AND WHALEN, JJ.
DOCKET NO. CA 13-01562
| GAETANO FARRUGGIA AND GABRIELLA FARRUGGIA,
PLAINTIFFS-RESPONDENTS-APPELLANTS, V TOWN OF PENFIELD, DEFENDANT-APPELLANT-RESPONDENT, KENNETH HERSHEY AND
SUZANNE HERSHEY, DEFENDANTS-RESPONDENTS. |
Defendant Town of Penfield having moved to strike documents appended to the respondent's brief of plaintiff, and all statements and arguments relying upon or referencing those documents, on the appeals taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Monroe on April 3, 2013, and having moved for other relief,
Now, upon reading and filing the affirmations of Jenna W. Kluscik, Esq., dated December 16, 2013, and December 27, 2013, the notice of motion with proof of service thereof, and the affidavit of Stephen C. Halpern, Esq., sworn to December 26, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied with leave to renew at oral argument.
Entered: January 23, 2014
Frances E. Cafarell, Clerk