| THOMAS J. DICKEY V JACOB ROBERT PREVOST |
| Motion No: CA 25-01548 |
| Slip Opinion No: 2026 NY Slip Op 64569(U) |
| Decided on March 2, 2026 |
| 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: LINDLEY, J.P., CURRAN, MONTOUR, SMITH, AND OGDEN, JJ.
CA 25-01548
| THOMAS J. DICKEY, PLAINTIFF, V JACOB ROBERT PREVOST,
DEFENDANT. MAXWELL MURPHY, LLC, APPELLANT; COLLINS & COLLINS ATTORNEYS, LLC,
RESPONDENT. |
Appellant having moved to confirm the dismissal of respondent's cross-appeal on the appeal taken herein from an order of the Supreme Court, Niagara County, entered March 20, 2025, 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 an order confirming the dismissal of the cross-appeal is denied as unnecessary (see 22 NYCRR 1250.10 [a]), and
It is further ORDERED that the motion insofar as it seeks to strike portions of respondent's brief is granted to the extent that any arguments set forth in support of the cross-appeal in respondent's brief are hereby deemed stricken.
Entered: March 2, 2026
Ann Dillon Flynn
Clerk of the Court