Opinion
DOCKET NO. CA 16-01266
11-29-2016
PRESENT:
Respondents having moved for permission to supplement their 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 January 8, 2016, and appellant having cross-moved for this Court to take judicial notice,
Now, upon reading and filing the affirmation of Heather K. Zimmerman, Esq., dated October 27, 2016, the affidavit of Matthew J. Kaiser, Esq., sworn to November 11, 2016, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion are denied without prejudice to either a motion in this Court to adjourn this appeal to the term of this Court commencing April 3, 2017, to be argued with the consolidated appeals in the matter of Liberty Mutual Ins. Co. v Mia Kadah (docket Nos. CA 16-01398 and CA 16-01399), or a motion to resettle the record in Supreme Court (see 22 NYCRR 1000.4 [a] [1] [ii]; Stewart v Soda ).
Entered: November 29, 2016
Frances E. Cafarell, Clerk