Opinion
DOCKET NO. CA 17-01195
10-30-2017
TOWN OF ELLERY, PETITIONER-APPELLANT, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND CHAUTAUQUA COUNTY, RESPONDENTS-RESPONDENTS.
PRESENT:
Appellant having moved to strike references dehors the record in the brief filed by respondent Chautauqua County in the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on October 24, 2016, and to strike the request for dismissal of the appeal in Chautauqua County's brief, and for costs, and respondent Chautauqua County having cross-moved to dismiss the appeal as moot or, in the alternative, pursuant to the doctrine of laches,
Now, upon reading and filing the affirmation of Bridget O'Toole, Esq., dated October 11, 2017, the affirmation of Brittany A. Jones, Esq., dated October 19, 2017, 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 appellant's motion to strike is granted to the extent that any references in respondent Chautauqua County's brief to items not contained in the stipulation between the parties as to the contents of the record on appeal or the subsequent order of Supreme Court deciding the respondent Chautauqua County's motion to supplement the record, are hereby deemed stricken from respondent Chautauqua County's brief, and
It is further ORDERED that appellant's motion insofar as it seeks costs is denied, and
It is further ORDERED that appellant's motion insofar as it seeks an order striking that aspect of respondent Chautauqua County's brief requesting dismissal of the appeal is denied without prejudice and leave to renew at oral argument, and
It is further ORDERED that respondent Chautauqua County's cross motion to dismiss the appeal is denied without prejudice and leave to renew at oral argument.
Entered: October 30, 2017
Mark W. Bennett, Clerk