| JERRY SWENEY V COUNTY OF NIAGARA AND NIAGARA COUNTY JAIL COUNTY OF NIAGARA, - V INTER-COMMUNITY MEMORIAL HOSPITAL OF |
| Motion No: CA 14-00275 |
| Slip Opinion No: 2014 NY Slip Op 83817(U) |
| Decided on September 11, 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., PERADOTTO, LINDLEY, AND VALENTINO, JJ.
DOCKET NO. CA 14-00275
| JERRY SWENEY, PLAINTIFF-RESPONDENT, V COUNTY OF
NIAGARA, DEFENDANT-APPELLANT, AND NIAGARA COUNTY JAIL, DEFENDANT. COUNTY OF NIAGARA, THIRD-PARTY
PLAINTIFF-RESPONDENT, V INTER-COMMUNITY MEMORIAL HOSPITAL OF NEWFANE, INC., AND EASTERN NIAGARA HOSPITAL, INC.,
THIRD-PARTY DEFENDANTS-APPELLANTS. |
Third-party defendants having moved to strike sections of the respondent's brief filed by plaintiff on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on December 6, 2013, or, in the alternative, having moved for an extension of time to file and serve a reply brief,
Now, upon reading and filing the affidavit of Patrick D. McNally, Esq., sworn to June 24, 2014, the notice of motion with proof of service thereof, and the affirmation of Brian M. Dratch, Esq., dated July 1, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to strike sections of the respondent's brief filed by plaintiff is denied with leave for third-party defendants to raise the issues raised in the motion in their reply brief, and
It is further ORDERED that the motion insofar as it seeks to file and serve a reply brief is granted, on the condition that the reply brief is filed and served on or before September 26, 2014, and the Clerk is directed to accept the brief for filing.
Entered: September 11, 2014
Frances E. Cafarell, Clerk