PAUL MARINACCIO SR PLAINTIFF RESPONDENT v. APPEAL NO (2011)

Supreme Court, Appellate Division, Fourth Department, New York.

PAUL MARINACCIO, SR., PLAINTIFF–RESPONDENT, v. TOWN OF CLARENCE, DEFENDANT, AND KIEFFER ENTERPRISES, INC., DEFENDANT–APPELLANT. (APPEAL NO. 2.)

CA 11–01638

Decided: December 30, 2011

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND LINDLEY, JJ.

GOLDBERG SEGALLA LLP, BUFFALO, PHILLIPS LYTLE LLP (MICHAEL B. POWERS OF COUNSEL), FOR DEFENDANT–APPELLANT. LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOSEPH J. MANNA OF COUNSEL), FOR PLAINTIFF–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by providing that the opposing papers and reply papers with respect to plaintiff's motion in limine seeking to preclude the testimony of an appraisal expert for defendant Town of Clarence and the order determining that motion shall be included in the record on appeal in appeal No. 1 and as modified the order is affirmed without costs.

Same Memorandum as in Marinaccio v. Town of Clarence ( [appeal No. 1] _ AD3d _ [Dec. 30, 2011] ).

Frances E. Cafarell

Clerk of the Court

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