| ABDUL W. ARRAHIM V CITY OF BUFFALO, CITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS, AND JAMES R. EVANS |
| Motion No: CA 16-01356 |
| Slip Opinion No: 2017 NY Slip Op 60842(U) |
| Decided on January 11, 2017 |
| 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-01356
| ABDUL W. ARRAHIM, PLAINTIFF-RESPONDENT, V CITY OF BUFFALO, CITY
OF BUFFALO DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS, AND JAMES R. EVANS,
DEFENDANTS-APPELLANTS. |
Respondent having moved to strike an appendix (and any reference to it) that was filed with appellants' brief 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 April 15, 2016,
Now, upon reading and filing the affidavits of Matthew J. Kaiser, Esq., sworn to December 5, 2016, and December 13, 2016, the notice of motion with proof of service thereof, and the affirmation of David M. Lee, Esq., dated December 6, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice and leave to renew the arguments in support of and in opposition to this motion at oral argument.
Entered: January 11, 2017
Frances E. Cafarell, Clerk