| MIA KADAH V KEITH N. BYRD AND ALPHONSO BRADSHAW |
| Motion No: CA 16-01266 |
| Slip Opinion No: 2016 NY Slip Op 92919(U) |
| Decided on November 29, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 16-01266
| MIA KADAH, PLAINTIFF-APPELLANT, V KEITH N. BYRD AND ALPHONSO
BRADSHAW, DEFENDANTS-RESPONDENTS. |
Respondents having moved for permission to supplement their brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on January 8, 2016, and appellant having cross-moved for this Court to take judicial notice,
Now, upon reading and filing the affirmation of Heather K. Zimmerman, Esq., dated October 27, 2016, the affidavit of Matthew J. Kaiser, Esq., sworn to November 11, 2016, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion are denied without prejudice to either a motion in this Court to adjourn this appeal to the term of this Court commencing April 3, 2017, to be argued with the consolidated appeals in the matter of Liberty Mutual Ins. Co. v Mia Kadah (docket Nos. CA 16-01398 and CA 16-01399), or a motion to resettle the record in Supreme Court (see 22 NYCRR 1000.4 [a] [1] [ii]; Stewart v Soda [239 AD2d 966]).
Entered: November 29, 2016
Frances E. Cafarell, Clerk