PRESENT: WHALEN, P.J., SMITH, CENTRA, TROUTMAN, AND WINSLOW, JJ.

CA 20-00130
CA 20-00365

DAWN KUZNIK-DEFRANCO, PLAINTIFF-RESPONDENT, V CUSHMAN & WAKEFIELD, INC., ET AL., DEFENDANTS, GLOBAL INDUSTRIAL SERVICE, INC., AND EARTHCO, INC., DOING BUSINESS AS EARTH CO DEVELOPMENT, INC., DEFENDANTS-APPELLANTS. (Appeal No. 1.) DAWN KUZNIK-DEFRANCO, PLAINTIFF-RESPONDENT, V CUSHMAN & WAKEFIELD, INC., DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (Appeal No. 2.)

Global Industrial Service, Inc. having moved to strike Point III of Earthco Inc.'s brief filed on the appeal taken herein from an order of the Supreme Court, Erie County, entered January 8, 2020 (appeal No. 1), or, in the alternative, to extend the time to file a brief in response to Point III, and having separately moved to adjourn the return date of that motion, and Cushman & Wakefield, Inc., having moved to put appeal No. 1 over to the term commencing February 22, 2021, so that it is heard with the appeal taken herein from an order of said court entered December 11, 2019 (appeal No. 2),

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

It is hereby ORDERED that Global Industrial Service, Inc.'s motion is granted insofar as it seeks to strike Point III of Earthco Inc.'s brief, and Point III is stricken from the brief, and the motion is otherwise dismissed as moot, and

It is further ORDERED that Cushman & Wakefield, Inc.'s motion is granted, and appeal No. 1 is removed from the Court's day calendar for January 11, 2021, and it is added to the term of this Court commencing February 22, 2021, and

It is further ORDERED that Global Industrial Service, Inc.'s motion is denied insofar as it seeks to adjourn the return date of the motion to strike.

Entered: December 9, 2020

Mark W. Bennett

Clerk of the Court