| JESSE CAUDILL V ROCHESTER INSTITUTE OF TECHNOLOGY |
| Motion No: CA 14-00177 |
| Slip Opinion No: 2014 NY Slip Op 77080(U) |
| Decided on June 27, 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 PERADOTTO, JJ.
DOCKET NO. CA 14-00177
| JESSE CAUDILL, PLAINTIFF-APPELLANT, V ROCHESTER
INSTITUTE OF TECHNOLOGY, DEFENDANT-RESPONDENT. |
Respondent having moved to strike the second question presented and Point Two of appellant's brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 11, 2013,
Now, upon reading and filing the affidavit of Alison K. L. Moyer, Esq., sworn to May 28, 2014, the notice of motion with proof of service thereof, and the affirmation of Michael Steinberg, Esq., dated June 6, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to this Court considering the preservation argument raised in respondent's brief when this Court decides the appeal.
Entered: June 27, 2014
Frances E. Cafarell, Clerk