| CHS, INC. V LAND O'LAKES PURINA FEED, LLC, - . |
| Motion No: CA 22-00450 |
| Slip Opinion No: 2022 NY Slip Op 76621(U) |
| Decided on November 29, 2022 |
| 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, PERADOTTO, LINDLEY, AND BANNISTER, JJ.
CA 22-00450
| CHS, INC., PLAINTIFF-RESPONDENT, V LAND O'LAKES
PURINA FEED, LLC, DEFENDANT-APPELLANT, ET AL., DEFENDANT. |
Planitff having moved to strike appellant's brief and appendix in the appeal taken herein from an order of the Supreme Court, Livingston County, entered March 2, 2022, and for other relief,
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 insofar as it seeks to strike the appellant's brief and record is granted, and
It is further ORDERED that the motion insofar as it seeks to enlarge the record on appeal is denied without prejudice to a motion in Supreme Court (see 22 NYCRR 1250.7 [g] [3]; 1000.7 [b] [3]; see Stewart v Soda, 239 AD2d 966 [4th Dept 1997]), and
It is further ORDERED that the appeal is removed from the term of this Court commencing January 9, 2023, and appellant is directed to perfect the appeal on or before February 27, 2023, and
It is further ORDERED that the motion is otherwise denied.
Entered: November 29, 2022
Ann Dillon Flynn
Clerk of the Court