| Bonilla v Incorporated Village of Hempstead |
| Motion No: 2006-12024 |
| Slip Opinion No: 2007 NYSlipOp 78179(U) |
| Decided on September 17, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M59867
E/sl
GABRIEL M. KRAUSMAN, J.P.
MARK C. DILLON
EDWARD D. CARNI
THOMAS A. DICKERSON, JJ.
|
2006-12024 Pio Bonilla, respondent, v Incorporated Village of Hempstead, appellant, John W. Esposito, et al., defendants. (Index No. 12530/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated November 8, 2006, to strike the brief filed by John W. Esposito and Armond Cement Contracting Co., Inc., on the ground that they are not proper parties to the appeal. Separate motion by the respondent, inter alia, to dismiss the appeal on the ground that the record on appeal is inadequate.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion to strike the brief filed by John W. Esposito and Armond Cement Contracting Co., Inc., is granted and that brief is stricken; and it is further,
ORDERED that the motion, inter alia, to dismiss the appeal is denied.
KRAUSMAN, J.P., DILLON, CARNI and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court