Opinion
Motion No: 2010-11563 Index No. 28985/08 M122930
08-02-2011
, J.P.
RANDALL T. ENG
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Motion by the respondents, inter alia, to strike a brief filed by Peter Moltisanti on an appeal from an order of the Supreme Court, Kings County, dated October 1, 2010, on the ground that the plaintiff is not a proper respondent on the appeal. Application by the respondents to enlarge the time to serve and file a brief in response to Peter Moltisanti's brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the brief filed by Peter Moltisanti is stricken, and it is further,
ORDERED that the application is denied as academic.
SKELOS, J.P., ENG, LEVENTHAL and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court