Opinion
DOCKET NO. CA 16-00223
05-24-2016
DARYL A. HANIFAN, PLAINTIFF-RESPONDENT, v. COR DEVELOPMENT COMPANY, LLC, AND LAWN TECH, INC., DEFENDANTS-APPELLANTS.
PRESENT:
Respondent having moved to strike her respondent's brief and to submit a corrected brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on April 27, 2015, for permission to submit a corrected copy of Supreme Court's motion decision, and to include in the record a memorandum of law authored by appellants' counsel in support of their motion for summary judgment,
Now, upon reading and filing the affidavit of Daryl A. Hanifan sworn to April 18, 2016, the notice of motion with proof of service thereof, and the statement of L. Damien Costanza, Esq., received April 27, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to strike the respondent's brief is granted, and respondent shall file a corrected copy of the brief on for before June 9, 2016, and
It is further ORDERED that appellants shall filed and serve a reply brief, if any, on or before June 24, 2016, and
It is further ORDERED that the motion insofar as it seeks to include the memorandum of law in the record on appeal is denied, without prejudice to a motion to resettle the record in Supreme Court (see 22 NYCRR 1000.4 [a] [1] [ii]; Stewart v Soda, 239 AD2d 966), and
It is further ORDERED that the motion insofar as it seeks to submit a corrected copy of Supreme Court's motion decision is denied as unnecessary.
Entered: May 24, 2016
Frances E. Cafarell, Clerk