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Paul Marinaccio, Sr v. Town of Clarence

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 30, 2011

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

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered April 28, 2011.

Marinaccio v Town of Clarence

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 30, 2011

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

The order settled the record for an appeal from a judgment entered November 24, 2009.

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]). Entered: December 30, 2011 Frances E. Cafarell Clerk of the Court

20111230

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