Opinion
Motion No: CA 12-02356 Motion No: CA 12-02359
03-01-2013
EVELYN M. GRAY, PLAINTIFF-APPELLANT, v. ASTON B. WILLIAMS, M.D., DEFENDANT-RESPONDENT.
PRESENT: , J.P., FAHEY, CARNI, SCONIERS, AND MARTOCHE, JJ.
Respondent having moved to strike portions of appellant's brief and to extend his time to file and serve a respondent's brief in the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 26, 2012, and July 30, 2012,
Now, upon reading and filing the affidavits of John T. Loss, Esq., sworn to January 18, 2013, and January 25, 2013, the notice of motion with proof of service thereof, and the affirmation of Aaron M. Adoff, Esq., dated January 24, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to strike portions of appellant's brief is denied with leave for respondent to raise the issues raised in the motion in his brief, and
It is further ORDERED that the motion insofar as it seeks and extension of time to file and serve a respondent's brief is granted on condition that the brief is filed and served on or before April 1, 2013, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before April 16, 2013.
Frances E. Cafarell, Clerk