GOD OF THUNDER PRODUCTIONS, INC., V ALESSANDRO STAROPOLI AND LUCA TURILLI, INDIVIDUALLY AND AS MEMBERS OF THE MUSICAL
Motion No: CA 09-01686
Slip Opinion No: 2010 NY Slip Op 75892(U)
Decided on June 29, 2010
Appellate Division, Fourth 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.


June 29, 2010

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND GORSKI, JJ.

DOCKET NO. CA 09-01686

GOD OF THUNDER PRODUCTIONS, INC.,

PLAINTIFF-RESPONDENT-APPELLANT,

V

ALESSANDRO STAROPOLI AND LUCA TURILLI, INDIVIDUALLY AND AS

MEMBERS OF THE MUSICAL GROUP RHAPSODY OF FIRE, FORMERLY

KNOWN AS RHAPSODY, DEFENDANTS-APPELLANTS-RESPONDENTS.


Defendants having moved for judicial notice and for an order withdrawing defendants' appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on July 31, 2009,

Now, upon reading and filing the affirmation of John G. McGowan, Esq. dated March 29, 2010, the notice of motion with proof of service thereof, the affirmation of David B. Thurston, Esq. dated April 7, 2010, the affirmation of Clifford G. Tsan, Esq. dated April 13, 2010, the stipulation of discontinuance dated May 3 and June 1, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as moot.

Entered: June 29, 2010

Patricia L. Morgan, Clerk