Opinion
CA 02-02053
October 2, 2003.
Appeal from an order of the Court of Claims (NeMoyer, J.), entered February 26, 2002, which granted defendant's motion to strike certain affidavits submitted by claimant posttrial and denied claimant's cross motion to submit those affidavits as additional proof.
LIPSITZ, GREEN, FAHRINGER, ROLL, SALISBURY CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR CLAIMANT-APPELLANT.
RUPP, BAASE, PFALZGRAF CUNNINGHAM LLC, BUFFALO (R. ANTHONY RUPP, III, OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: WISNER, J.P., HURLBUTT, KEHOE, AND LAWTON, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.