| BARBARA HART V CITY OF BUFFALO , ERIE COUNTY |
| Motion No: CA 22-00289 |
| Slip Opinion No: 2022 NY Slip Op 76630(U) |
| Decided on December 5, 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: SMITH, J.P., PERADOTTO, LINDLEY, AND NEMOYER, JJ.
CA 22-00289
| BARBARA HART, PLAINTIFF-APPELLANT, V CITY OF
BUFFALO, ET AL., DEFENDANTS, ERIE COUNTY, DEFENDANT-RESPONDENT. |
Respondent having moved to strike the sur-reply memorandum of law from the record on the appeal taken herein from an order of the Supreme Court, Erie County, entered January 20, 2022, and to strike any reference thereto in appellant's brief,
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 denied without prejudice to a motion in Supreme Court to settle the record on appeal (see 22 NYCRR 1250.7 [g] [3]; 1000.7 [b] [3]; see Stewart v Soda, 239 AD2d 966 [4th Dept 1997]).
Entered: December 5, 2022
Ann Dillon Flynn
Clerk of the Court