Chaudhuri v Kilmer, 2018 NY Slip Op 00965 [158 AD3d 1277]

February 9, 2018

Appellate Division, Fourth Department

[*1]

Aloke Chaudhuri, Appellant, v Margaret Kilmer, as Administratrix of the Estate of Michael A. Jones, Jr., Deceased, Respondent. (Appeal No. 2.)

Gerard A. Strauss, North Collins, for plaintiff-appellant.

Augello & Matteliano, LLP, Buffalo (Joseph A. Matteliano of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered April 21, 2016. The order denied plaintiff’s motion to settle the record insofar as he sought to include in the record on appeal a “Response Affidavit to Memorandum of Law.” It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Chaudhuri v Kilmer ([appeal No. 1] 158 AD3d 1276 [4th Dept 2018]). Present—Smith, J.P., Centra, Carni, DeJoseph and Winslow, JJ..