Opinion
Motion No: CA 11-00985
10-26-2011
MICHAEL REW, PLAINTIFF-RESPONDENT, v. VALEO, INC. AND VALEO ENGINE COOLING, INC., DEFENDANTS. VALEO, INC., THIRD-PARTY PLAINTIFF-RESPONDENT, v. DIVERSIFIED ERECTION SERVICES, INC., THIRD-PARTY DEFENDANT-APPELLANT.
PRESENT: , P. J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
Defendant/third-party plaintiff having moved to strike portions of third-party defendant-appellant's reply brief or, in the alternative, for permission to file and serve a surreply brief and/or to supplement the record on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara, on December 22, 2010,
Now, upon reading and filing the affidavits of William D. Christ, Esq., sworn to September 23, 2011, and October 6, 2011, the notice of motion with proof of service thereof, and the affidavit of Wendy A. Scott, Esq., sworn to October 3, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Patricia L. Morgan, Clerk