JEFFREY P. CARY, INDIVIDUALLY AND AS FATHER OF JOAN CAREY, AN INFANT V MICHAEL A. CIMINO AND DOMINICK F. CIMINO Index
Motion No: CA 14-01496
Slip Opinion No: 2014 NY Slip Op 88352(U)
Decided on October 29, 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.


October 29, 2014

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 14-01496

JEFFREY P. CARY, INDIVIDUALLY AND AS FATHER OF JOAN CAREY,

AN INFANT, PLAINTIFF-RESPONDENT,

V

MICHAEL A. CIMINO AND DOMINICK F. CIMINO,

DEFENDANTS-APPELLANTS.

Index No: 12450/2013


Appellants having moved to strike portions of respondent's brief on the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Monroe on May 5, 2014,

Now, upon reading and filing the affirmation of Patrick M. Murphy, Esq., dated September 23, 2014, the notice of motion with proof of service thereof, and the affidavit of Charles A. Schiano, Jr., Esq., sworn to October 3, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied with leave to renew at oral argument.

Entered: October 29, 2014

Frances E. Cafarell, Clerk