| MAGIC CIRCLE MUSIC, LTD., AND JOEY DEMAIO, V ALESSANDRO STAROPOLI AND LUCA TURILLI, INDIVIDUALLY AND AS MEMBERS OF THE |
| Motion No: CA 10-00729 |
| Slip Opinion No: 2010 NY Slip Op 75896(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. |
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.
DOCKET NO. CA 10-00729
| MAGIC CIRCLE MUSIC, LTD., AND JOEY DEMAIO,
PLAINTIFFS-RESPONDENTS-APPELLANTS, 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 an order dismissing the cross 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 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