| Pirro Group, LLC v One Point Street, Inc. |
| Motion No: 2010-04632 |
| Slip Opinion No: 2010 NY Slip Op 90063(U) |
| Decided on December 8, 2010 |
| 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
M112185
E/sl
WILLIAM F. MASTRO, J.P.
JOSEPH COVELLO
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2010-04632 Pirro Group, LLC, appellant, v One Point Street, Inc., et al., respondents. (Index No. 07-21683)
| DECISION & ORDER ON MOTION |
Motion by the respondent One Point Street, Inc., to strike stated portions of the appellant's brief on an appeal from an order of the Supreme Court, Westchester County, entered March 29, 2010, on the ground that they refer to matter dehors the record, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order determining a motion in limine (see Cotgreave v Public Adm'r of Imperial County, 91 AD2d 600); and it is further,
ORDERED that the motion is denied as academic.
MASTRO, J.P., COVELLO, ROMAN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court