Opinion
OCKET NO. CA 13-00766
06-20-2013
TREMAIN CASON, PLAINTIFF-RESPONDENT, v. KIRBY SY SMITH, III AND WERNER ENTERPRISES, INC., DEFENDANTS-APPELLANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved to dismiss portions of the appeal taken herein from an order of the Erie County Court entered in the Office of the Clerk of the County of Erie on March 22, 2013, on the ground that those portions are not appealable,
Now, upon reading and filing the affidavits of Jeanne M. Vinal, Esq., sworn to April 24, 2013, and May 23, 2013, the notice of motion with proof of service thereof, and the affirmation of Lawrence A. Schulz, Esq., dated May 21, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, with leave to make the arguments made in this motion in the respondent's brief.
Frances E. Cafarell, Clerk