| KAREN A. WHITAKER, AS PROPOSED GUARDIAN OF JOSEPH L. MARTIN, JR. V KENNEDY/TOWN OF POLAND AND TOWN OF POLAND HIGHWAY |
| Motion No: CA 14-00028 |
| Slip Opinion No: 2014 NY Slip Op 66873(U) |
| Decided on March 17, 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., SMITH, CENTRA, FAHEY, AND CARNI, JJ.
DOCKET NO. CA 14-00028
| KAREN A. WHITAKER, AS PROPOSED GUARDIAN OF JOSEPH L.
MARTIN, JR., PLAINTIFF-RESPONDENT, V KENNEDY/TOWN OF POLAND AND TOWN OF POLAND HIGHWAY DEPARTMENT,
DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. |
Appellants having moved to strike exhibits appended to respondent's brief and all reference to those exhibits in respondent's brief and having moved for an order directing respondent to file a revised brief and for other relief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on September 12, 2013,
Now, upon reading and filing the affirmation of Jenna W. Klucsik, Esq., dated February 17, 2014, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq., sworn to February 19, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to appellants' arguments in their reply brief for why said exhibits, and any arguments based thereon, should not be considered.
Entered: March 17, 2014
Frances E. Cafarell, Clerk