| KHALID S. MAHRAN AND KIDNEY CARE, P.C. V MICHAEL B. BERGER, ESQ. |
| Motion No: CA 15-00450 |
| Slip Opinion No: 2015 NY Slip Op 88333(U) |
| Decided on October 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: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00450
| KHALID S. MAHRAN AND KIDNEY CARE, P.C., PLAINTIFFS-APPELLANTS,
V MICHAEL B. BERGER, ESQ., DEFENDANT-RESPONDENT. |
Respondent having moved to strike the appendices to the reply brief of appellants on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 29, 2014, on the ground that the appendices are de hors the record,
Now, upon reading and filing the affirmation of Beverly S. Braun, Esq., dated September 15, 2015, the notice of motion with proof of service thereof, and the affirmation of Stephen F. Szymoniak, Esq., dated September 22, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appendices to the reply brief of appellants are hereby deemed stricken.
Entered: October 20, 2015
Frances E. Cafarell, Clerk