Opinion
Motion No: 2011-00757 Index No. 3829/08 M127690
10-24-2011
Leitha Smith, et al., appellants, v. Christ's First Presbyterian Church of Hempstead, respondent; Whitson's Food Service Corp., et al., third-party defendants.
, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
DECISION & ORDER ON MOTION
Separate motions by the third-party defendants Whitson's Food Service Corp., Whitson's Food Service Corp., Whitson's Food Service (Bronx) Corp., Whitson's Ind. Food Corp., Whitson's Islandia Properties, LLC, Whitson's New England, Inc., Whitson's Properties, LLC, Whitson's Resource Management Corp., Whitson's School Nutrition Corp., Whitson's Culinary Group, and the third-party defendants Martinez Landscaping Corp., Martinez Landscaping Service, amd David Martinez , inter alia, to strike footnote 1 of the respondent's brief on an appeal from an order of the Supreme Court, Nassau County, entered December 9, 2010.
Upon the papers filed in support of the motions and the papers filed in opposition and in relation thereto, it is
ORDERED that the motions are dismissed as the movants are not parties to the appeal; and it is further,
ORDERED that on the Court's own motion, footnote 1 of the respondent's brief is stricken, and on or before November 4, 2011, the respondent shall remove that footnote from the copies of its brief filed with the Clerk of the Court.
ANGIOLILLO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court