| IN THE MATTER OF LINDA MARTIN BARBER V BORGWARNER, INC., BORGWARNER MORSE TEC LLC, AND YORK INTERNATIONAL CORPORATION |
| Motion No: CA 18-00738 |
| Slip Opinion No: 2018 NY Slip Op 89745(U) |
| Decided on November 28, 2018 |
| 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., CARNI, LINDLEY, NEMOYER, AND TROUTMAN, JJ.
DOCKET NO. CA 18-00738
| IN THE MATTER OF LINDA MARTIN BARBER, PETITIONER-RESPONDENT,
V BORGWARNER, INC., BORGWARNER MORSE TEC LLC, AND YORK INTERNATIONAL CORPORATION,
RESPONDENTS-APPELLANTS. |
Petitioner having moved to strike exhibits A and B attached to the 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 Chautauqua on February 13, 2018, on the ground that the exhibits are dehors the record, and for other relief,
Now, upon reading and filing the affirmations of Lyle T. Hajdu, Esq., dated October 11, 2018, and November 1, 2018, the affirmation of Mark W. Zimmer, Esq., dated November 1, 2018, the notice of motion with proof of service thereof, the affirmation of Mark A. Packman, Esq., dated October 30, 2018, and the affirmation of Evan T. Knott, Esq., dated October 30, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and exhibits A and B attached to appellants' brief are deemed stricken, including any reference thereto within appellants' brief, and
It is further ORDERED that the motion is otherwise denied.
Entered: November 28, 2018
Mark W. Bennett, Clerk