| JOSEPH A. RAIMONDI AND LISA M. RAIMONDI V JOSEPH C. FLASK, THE QUIKRETE COMPANIES, INC., PENSKE TRUCK LEASING CO. |
| Motion No: CA 16-02203 |
| Slip Opinion No: 2017 NY Slip Op 94782(U) |
| Decided on November 30, 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, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.
DOCKET NO. CA 16-02203
| JOSEPH A. RAIMONDI AND LISA M. RAIMONDI,
PLAINTIFFS-RESPONDENTS, V JOSEPH C. FLASK, THE QUIKRETE COMPANIES, INC., PENSKE TRUCK LEASING CO., L.P., AND IDEALEASE OF CENTRAL
NEW YORK, LLC, DEFENDANTS-APPELLANTS. |
Respondents having moved for permission to file and serve a surreply 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 September 7, 2016,
Now, upon reading and filing the affidavit of Timothy G. O'Connell, Esq., sworn to October 23, 2017, the notice of motion with proof of service thereof, the affidavit of Michael F. Perley, Esq., sworn to October 31, 2017, and the affirmation of Melissa A. Foti, Esq., dated November 2, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied on the ground that surreply briefs are not permitted in the absence of a cross appeal (see 22 NYCRR 1000.2 [f]).
Entered: November 30, 2017
Mark W. Bennett, Clerk