| JOHN H. BAUSENWEIN, III V THOMAS J. WELSH, INDIVIDUALLY, AND DOING BUSINESS AS TJW CUSTOM HOMES, INC. . |
| Motion No: CA 17-00825 |
| Slip Opinion No: 2017 NY Slip Op 77710(U) |
| Decided on June 19, 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: CENTRA, J.P., PERADOTTO, LINDLEY, NEMOYER, AND TROUTMAN, JJ.
DOCKET NO. CA 17-00825
| JOHN H. BAUSENWEIN, III, PLAINTIFF, V THOMAS J. WELSH,
INDIVIDUALLY, AND DOING BUSINESS AS TJW CUSTOM HOMES, INC., ET AL., DEFENDANTS. THOMAS J. WELSH, INDIVIDUALLY, AND DOING
BUSINESS AS TJW CUSTOM HOMES, INC., TJW CUSTOM HOMES, INC., AND 299 MAIN STREET EA, INC., INDIVIDUALLY, AND DOING BUSINESS AS TJW
CUSTOM HOMES, THIRD-PARTY PLAINTIFFS-APPELLANTS, V TIMOTHY ALLISON, THIRD-PARTY
DEFENDANT-RESPONDENT. |
Respondent having moved to strike the appendix to appellants' brief and any reference to the appendix in appellants' brief filed 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 August 25, 2016,
Now, upon reading and filing the affidavit of Steven P. Curvin, Esq., sworn to May 11, 2017, the notice of motion with proof of service thereof, and the affidavit of Vincent G. Saccomando, Esq., sworn to May 30, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the appendix to appellants' brief, and any reference to the appendix in appellants' brief, are hereby deemed stricken.
Entered: June 19, 2017
Frances E. Cafarell, Clerk