| CAPITAL ONE NA V DAVID COLUCCI |
| Motion No: CA 14-01335 |
| Slip Opinion No: 2015 NY Slip Op 73808(U) |
| Decided on May 20, 2015 |
| 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: SMITH, J.P., CARNI, LINDLEY, VALENTINO, AND DEJOSEPH, JJ.
DOCKET NO. CA 14-01335
| CAPITAL ONE NA, PLAINTIFF-RESPONDENT, V DAVID COLUCCI,
DEFENDANT-APPELLANT. |
Respondent having moved to strike the appendix, and all references thereto, from 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 Niagara on October 8, 2013, on the ground that the material is de hors the record,
Now, upon reading and filing the affirmation of David K. Kowalenko, Esq., dated March 26, 2015, the notice of motion with proof of service thereof, the opposing affidavit of John J. DelMonte, Esq., sworn to April 8, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and Appendix A to appellant's brief and all references to Appendix A in appellant's brief are hereby deemed stricken.
Entered: May 20, 2015
Frances E. Cafarell, Clerk