| MARCELLA HAROLD V SYLVESTER HAROLD |
| Motion No: CA 15-00639 |
| Slip Opinion No: 2015 NY Slip Op 77296(U) |
| Decided on June 23, 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., PERADOTTO, LINDLEY, VALENTINO, AND DEJOSEPH, JJ.
DOCKET NO. CA 15-00639
| MARCELLA HAROLD, PLAINTIFF-APPELLANT, V SYLVESTER HAROLD,
DEFENDANT-RESPONDENT. |
Respondent having moved to supplement the record on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 30, 2014, and appellant having cross-moved to strike the appendix to respondent's brief,
Now, upon reading and filing the affidavit of John P. Pieri, Esq., sworn to June 1, 2015, the affirmation of Carl B. Kustell, Esq., dated June 3, 2015, the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondent's motion is denied, and
It is further ORDERED that appellant's cross motion is granted and the appendix to respondent's brief is deemed stricken.
Entered: June 23, 2015
Frances E. Cafarell, Clerk