GLORIA BORRELLI, AS EXECUTRIX OF THE ESTATE OF DANIEL J. THOMAS, DECEASED, AND DERIVATIVELY AS A SHAREHOLDER OF NEW
Motion No: CA 20-00352 AND CA 20-00664
Slip Opinion No: 2020 NY Slip Op 75362(U)
Decided on November 20, 2020
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.


November 20, 2020

PRESENT: CARNI, J.P., LINDLEY, CURRAN, WINSLOW, AND DEJOSEPH, JJ.

CA 20-00352 AND CA 20-00664

GLORIA BORRELLI, AS EXECUTRIX OF THE ESTATE OF DANIEL J.

THOMAS, DECEASED, AND DERIVATIVELY AS A SHAREHOLDER OF NEW

YORK STATE FENCE CO., INC., PLAINTIFF-RESPONDENT-APPELLANT,

V

TOM THOMAS, INDIVIDUALLY AND AS A DIRECTOR AND OFFICER OF

NEW YORK STATE FENCE CO., INC., AND NEW YORK STATE FENCE

CO., INC., DEFENDANTS-APPELLANTS-RESPONDENTS.


Plaintiff having moved to strike the appendix to defendants' reply brief on the appeals taken herein from orders of the Supreme Court, Monroe County, entered November 22, 2019, and February 11, 2020,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appendix is stricken.

Entered: November 20, 2020

Mark W. Bennett

Clerk of the Court